[16] NSW Leather Co Pty Ltd v Vanguard Insurance Co Ltd (1991) 25 NSWLR 699. Thus in Davis Contractors Ltd v. Fareham U.D.C. S Sainsbury Ltd v Street[1970 H. No. Both parties knew that the use of such a vessel without a license from the Minister was illegal, under the Fisheries Act (c. 73 Revised Statutes of Canada) 1927. Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524. Hence, he was found to be liable for breach of contract and owed damages to the C. Your email address will not be published. Both parties knew that the use of such a vessel without a license from the Minister was illegal, under the Fisheries Act (c. 73 Revised Statutes of Canada) 1927. In October 1932, Maritime National Fish contracted to hire St. Cuthbert, a steam trawler fitted with an otter trawl, from Ocean Trawlers Ltd.The hire was to last for twelve months. If it be assumed that the performance of the contract was dependent on a licence being granted, it was that election which prevented performance, and on that assumption it was the appellants' own default which frustrated the adventure : the appellants cannot rely on their own default to excuse them from liability under the contract. 10887]. Maritime National Fish Ltd v. Ocean Trawlers Ltd [1935] A.C. 524 2.5 Phrantzes v. Argenti [1960] 2 Q.B. Privy Council The facts are stated in the judgement of Lord Wright. They only got 3 licenses for 5 ships - The job required the 4th ship - Tried to claim it was frustrated - Court held that they had a choice as to which ships they could license The claimant applied for 5 licenses, but only got 3. Self-induced acts need not be breaches of the contract, although they usually be so. Speed Ltd are compelled to 'frustrate' one of their rider contracts because they do not have enough bikes for each rider. Maritime National Fish Ltd. v. Ocean Trawlers Ltd. Lord Wright:- The appellants were charterers of a steam trawler the St. Cuthbert which was the property of the respondents. The D applied to the relevant government institiuon however only received 3 licenses for fishing instead of 5. The fishing vessels were all fitted with otter trawler nets. Maritime National Fish Ltd v Ocean Trawlers [1935] AC 524 St Cuthbert I had applied for five licences, but the Government only issued me with three. New legislation was introduced requiring licences to be held by those using otter trawl nets. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. (2018). Owing to an unexpected Pages 9. Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524 This case considered the issue of frustration of a contract and whether or not a company who chartered a boat were relieved from their obligations after they did not register the boat after there was a change in the legislation regarding the boats eligibility for a license. Where there exists a force majeure clause this will apply rather than the law of frustration. Maritime National Fish Ltd v Ocean Trawlers Ltd 1935 AC 524 www.studentlawnotes.com. Save my name, email, and website in this browser for the next time I comment. Maritime National Fish Ltd. v Ocean Trawlers Ltd [1935] A.C. 524 .....18 Mitchell Cotts & Co v Steel Bros & Co Ltd [1916] 2 K.B. In October 1932, Maritime National Fish contracted to hire St. Cuthbert, a steam trawler fitted with an otter trawl, from Ocean Trawlers Ltd.The hire was to last for twelve months. Lawteacher.net. But opting out of some of these cookies may have an effect on your browsing experience. It is mandatory to procure user consent prior to running these cookies on your website. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. We also use third-party cookies that help us analyze and understand how you use this website. Facts: A ship was chartered to the defendant to use for “otter trawls”. The issue before the court was whether the appellants could rely on their own 'self induced' frustration.. Lord Wright In a notable case from the seventh century, [1] it is apparent that events which were outside the control of either party had no effect on the parties’ obligations to each other. Lord Sumner in 1926 AC 497 (4) at p. 507 quotes from Lord Blackburn in 6 AC 38 (5), who at p. 53 refers to a "frustration" as being a matter ''caused by something for which neither party was responsible": and again (p. 508) he quotes Brett, J's. The Defendant had leased 1 of his vessels to the Claimant. Google Scholar. He then provided the C with a vessel without a licence and thus the C couldn’t fish. WikiProject Canada / Law (Rated Stub-class, Low-importance) This article is within the scope of WikiProject Canada, a collaborative effort to improve the coverage of Canada on Wikipedia. Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524. Where one party is at fault, the contract will not be frustrated (Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524). Maritime National Fish Ltd v Ocean Trawlers Ltd" exemplifies this principle. 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