Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| 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 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
370 cases
- United Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd
- Associated Pan Malaysia Cement Sdn Bhd v Syarikat Teknikal & Kejuruteraan Sdn Bhd
- Abdul Razak Datuk Abu Samah v Shah Alam Properties Sdn Bhd and Another Appeal
-
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......
Get Started for Free
2 firm's commentaries
-
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......
-
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 ......
20 books & journal articles
-
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 ......
-
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......
-
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......
-
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......
Get Started for Free