Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE SELLERS,LORD JUSTICE UPJOHN,LORD JUSTICE DIPLOCK |
| Judgment Date | 20 December 1961 |
| Judgment citation (vLex) | [1961] EWCA Civ J1220-3 |
| Date | 20 December 1961 |
| Court | Court of Appeal |
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Taylor v Smyth
...innocent party of substantially the whole benefit of the contract. Hong Kong Fir Shipping Co. Ltd. v. Kawasaki Kisen Kaisha Ltd.ELR [1962] 2 Q.B. 26 approved. 3. That where the innocent party had not been substantially deprived of the whole benefit of the contract, its remedy could be in da......
- Astrazeneca UK Ltd v Albemarle International Corpn
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5 firm's commentaries
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COURT OF APPEAL SUMMARIES (October 30 – November 3)
...Shelter Corporation of Canada (2006), 270 D.L.R. (4th) 181 (Ont. C.A.), Hongkong Fir Shipping Co. Ltd. v. Kawasaki Kisen Kaisha Ltd., [1962] 1 All E.R. 474 (C.A.), Blackmore Management Inc. v. Carmanah Management Corporation, 2022 BCCA 117, Western Larch Limited v. Di Poce Management Limite......
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The case of the sugar in the concrete: contaminated cargo
...breach of which made it liable in damages. Yeldham J relied on the decision in Hong Kong Fir Shipping Co Ltd v Kawasaki Kissen Kaisha Ltd [1962] 2 QB 26 in finding that clause 3 was a warranty, breach of which gave rise to a claim for His Honour was prepared to hold that the clause "did not......
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COVID-19 And The Law Of Frustration
...The common law test is usefully described by Diplock L.J. in Hongkong Fir Shipping Co. v. Kawasaki Kisen Kaisha Ltd., [1961] EWCA Civ 7, [1962] 2 Q.B. 26, at 66, [1962] 1 All E.R. 474, at The test whether an event has this effect or not has been stated in a number of metaphors all of which ......
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Reconsidering Repudiations of Contracts: Recent Developments
...examines this grey area. The test for repudiation derives from the case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26. The test can be summarised as the following questions: does the breach deprive the innocent party of substantially the whole benefit of the co......
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40 books & journal articles
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RE-EXAMINING THE RELATIONSHIP BETWEEN MUTUAL PROMISES IN CONTRACT LAW.
...Tettenborn (n 1) 338, citing Hurst vBryk [2002] 1 AC 185, 193 (Lord Millett) and Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, 67 (Diplock LJ) ('Hongkong'). John E Stannard and David Capper also treat the Dependency Doctrine as outmoded: John E Stannard and David ......
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Contract Law
...to the above observation is an endorsement of the “Hongkong Fir approach” (see Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd[1962] 2 QB 26) over the “condition-warranty approach”, such a reference does highlight one of the principal advantages of the former approach — which is to......
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CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
...grapple with the various difficulties which we deal with in this part of the article (particularly from a practical perspective). 147 [1962] 2 QB 26, noted by Michael P Furmston, “The Classification of Contractual Terms” (1962) 25 MLR 584. 148 See Francis M B Reynolds, “Discharge of Contrac......
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Contract Law
...consequences of the breach concerned; and see per Diplock LJ (as he then was) in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd[1962] 2 QB 26 at 69—70). Whilst both approaches may, depending on the specific fact situation, provide the same result, there is also the very real poten......
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