W. J. Tatem Ltd v Gamboa
| Jurisdiction | England & Wales |
| Judgment Date | 30 May 1938 |
| Date | 30 May 1938 |
| Docket Number | Case No. 31 |
| Court | King's Bench Division |
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13 cases
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Edwinton Commercial Corporation v Tsavliriss Russ (Worldwide Salvage Towage) Ltd; The Sea Angel
...case. The judge proceeded to emphasise that this was so in the very next paragraph of his judgment (at para 105), where he distinguished Tatem v. Gamboa [1939] 1 KB 132, a case, much relied on by Tsavliris, where a 30 day charter was held to have been immediately frustrated half-way through......
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Planet Kids Ltd v Auckland Council
...Steamship Co Ltd v Anglo-Mexican Petroleum Products Co Ltd, above n 39, at 406 per Viscount Haldane (in a dissenting speech); and WJ Tatem Ltd v Gamboa [1939] 1 KB 132 (KB) at 138 per Goddard 43 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 (HL). 44 At 720–721. Lord......
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Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
...A similar argument was unsuccessfully urged in Bank Line v. Capel [1919] A.C. 435 and in other cases, a recent instance of which is Tatem v. Gamboa [1939] 1 K.B. 132. The principle is that where supervening events, not due to the default of either party, render the performance of a contract......
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National Carriers Ltd v Panalpina (Northern) Ltd
...said to have originated with Jackson v. Union Marine Insurance Co. Ltd. (1874) L.R. 10 C.P. 125, cf. also e.g. per Goddard J. in W. J. Tatem Ltd. v. Gamboa [1939] 1 K.B. 132 at 138. This, of course, leaves open the question of what is, in any given case the foundation of the contract or wh......
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1 firm's commentaries
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Force Majeure And Frustration
...charterparties but the fact that these have been in cases such as a seizure of a vessel during the Spanish Civil War (W.J Tatem v Gamboa [1939] 1 KB 132) and the requisitioning of a vessel (Bank Line Ltd v Arthur Capel [1919] AC 435) indicates just how extreme the circumstances need to be. ......
2 books & journal articles
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Frustration
...— impact of prolonged requisition on owner of vessel not foreseen — frustration doctrine applied). See also WJ Tatem v Gamboa , [1939] 1 KB 132 at 138, Goddard J; Ocean Tramp Tankers Corp v V/O Souvfracht ( The Eugenia ), [1964] 2 QB 226 at 239 (CA), Lord Denning MR [ The Eugenia ]. The gre......
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Frustration
...— impact of prolonged requisition on owner of vessel not foreseen — frustration doctrine applied). See also W.J. Tatem v. Gamboa , [1939] 1 K.B. 132 at 138, Goddard J.; Ocean Tramp Tankers Corp. v. V/O Souvfracht ( The Eugenia ), [1964] 2 Q.B. 226 at 239, Lord Denning M.R. 84 Above note 56.......