Geipel v Smith
| Jurisdiction | England & Wales |
| Date | 1865 |
| Year | 1865 |
| Court | Court of the Queen's Bench |
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15 cases
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Bank Line, Ltd v Arthur Capel and Company
... ... And such cases as Geipel v. Smith (2) and Jackson v. Union Marine Insurance Co ... (3) show that the application of the principle to a charterparty is not excluded by the ... ...
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Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
...the present war, so far as this country, Germany and Poland are concerned, makes applicable Mr. Justice Lush's well-known observation in Geipel v. Smith, L.R. 7 Q.B. 404 at p. 414, a state of war" (in that case the Franco-German war of 1870) "must be presumed to be likely to continue so lo......
- Hirji Mulji v Cheong Yue Steamship Company
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Denny, Mott & Dickson Ltd v Jas. B. Fraser & Company
...(as Lord Sumner said in Bank Line v. Capel, supra at p. 454). In addition there is to be remembered the principle stated by Lush J. in Geipel v. Smith (1872) L.R. 7 Q.B. 404, that "a state of war must be presumed to be likely to continue so long and so to disturb the commerce of merchants,......
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2 books & journal articles
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Frustration
...of authority, this merger of the doctrines has not occurred. The three lines of authority are commonly treated as distinguishable. 65 (1872), LR 7 QB 404. 66 Ibid at 414–15. 67 (1874), LR 10 CP 125. 68 See McElroy & Williams, above note 64, ch 7. 69 Above note 18. See also Horlock v Beal , ......
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Frustration
...the pro- 63 See generally R.G. McElroy and G.L. Williams, Impossibility of Performance (Cambridge: University Press, 1941) c. 6. 64 (1872), L.R. 7 Q.B. 404. 65 Ibid . at 414–15. 66 (1874), L.R. 10 C.P. 125. 67 See McElroy and Williams, above note 63, c. 7. 68 Above note 18. See also Horlock......