Lauritzen (J.) A.S. v Wijsmuller B.v (Super Servant Two)
| Jurisdiction | England & Wales |
| Date | 1989 |
| Year | 1989 |
| Court | Court of Appeal (Civil Division) |
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52 cases
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Edwinton Commercial Corporation v Tsavliriss Russ (Worldwide Salvage Towage) Ltd; The Sea Angel
...Roskill (at 712D/E) also referred to the doctrine of frustration as a means for finding just solutions or avoiding injustice. 88 In The Super Servant Two [1990] 1 Lloyd's Rep 1, at 8, Bingham LJ on the same subject included the following as a proposition established by the highest authority......
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Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd [QBD (Comm)]
...[1956] AC 696, 729, Lord Simon of Glaisdale in National Carriers Ltd v Panalpina (Northern) Ltd [1981] AC 675, 700, and Bingham LJ in The”Super Servant Two” [1990] 1 Lloyd's Rep. 1. 102 Lord Radcliffe gave what is now accepted to be the classic test. He stated: “frustration occurs whenever ......
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Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust
...to apply to the new situation: if it is not, then it is at an end." 36 In J. Lauriitzen AS v. Wijsmuller BV (The Super Servant Two) [1990] 1 Lloyd's Rep 1 Bingham LJ set out the following five propositions which are "established by the highest authority and not open to question": i) The doc......
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Gamerco SA v ICM/Fair Warning (Agency) Ltd and Another
... ... There were various views advanced as to how the court should exercise its discretion ... ...
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1 firm's commentaries
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Coronavirus And Force Majeure: Addressing Epidemics In LNG And Other Commodities Contracts
...and automatically." See Chitty on Contracts (33rd ed.), §§ 23-001, 23-007; J. Lauritzen AS v Wijsmuller BV (The Super Servant Two) [1990] 1 Lloyd's Rep 1, 7 Classic Maritime Inc v Limbungan Makmur Sdn Bhd and another [2019] EWCA Civ 1102 at [32]. 8 Wood v Capita Insurance Services Limited [......
7 books & journal articles
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The Protection Of Seafarers' Wages In Admiralty: A Critical Analysis In The Context Of Modern Shipping
...AO v Udovenko [2000] 2 NZLR 24. 246 Ibid [36]. 247 Ibid [37]. 248 See eg J Lauritzen AS v Wijsmuller BV; The Super Servant Two [1990] 1 Lloyd's Rep 1, 8. 249 Karelrybflot AO v Udovenko [2000] 2 NZLR 24 [39]. 250 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696. 251 Ibid ......
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Frustration
...[1999] 2 SCR 199 at para 52. 168 J Lauritzen AS v Wijsmuller B V (The Super Servant Two), [1989] 1 Lloyd’s Rep 148 at 156 (QB), aff’d [1990] 1 Lloyd’s Rep 1 (CA) [ The Super Servant Two ]. Frustration 689 partially rather than wholly prevent the performer’s ability to perform the contractua......
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Adrift on a sea of troubles: cross-border art loans and the specter of ulterior title.
...the time of the loan, or that its occurrence was the responsibility of the borrower. As to the latter, see Lauritzen v. Wijsmuller, [1990] 1 Lloyd's Rep. 1 (137.) Supply of Goods and Services Act, 1982, c. 29, pt. I, [section] 7(2) (Eng.). (138.) CIV. PRO. RULES, sched.1, RSC Order 17 (U.K.......
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Gap Filling to Address Changed Circumstances in Contract Law – When It Comes to Losses and Gains, Sharing Is the Fair Solution
...on and South African Ltd v De O rnelas decision.17 Although Roman Dutch law had a st rong grounding in good 11 The Supe r Servant Two [1990] 1 Lloyd’s Rep 1 8 12 Fried Cont ract as Promise (1981) 69-7013 69-7014 The concept s of “justice” and “fair ness” will be used i nterchangeably in thi......
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