W. J. Tatem Ltd v Gamboa

JurisdictionEngland & Wales
CourtKing's Bench Division
Judgment Date30 May 1938
Date30 May 1938
Docket NumberCase No. 31
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16 cases
  • Edwinton Commercial Corporation v Tsavliriss Russ (Worldwide Salvage Towage) Ltd; The Sea Angel
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 June 2007
    ...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......
  • National Carriers Ltd v Panalpina (Northern) Ltd
    • United Kingdom
    • House of Lords
    • 11 December 1980
    ...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......
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • United Kingdom
    • House of Lords
    • 15 June 1942
    ...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......
  • Lim Kim Som v Sheriffa Taibah bte Abdul Rahman
    • Singapore
    • Court of Three Judges (Singapore)
    • 1 February 1994
    ...Ltd [1982] 2 NSWLR 347 (distd) Universal Corporation v Five Ways Properties Ltd [1979] 1 All ER 552 (refd) W J Tatem, Limited v Gamboa [1939] 1 KB 132 (refd) Wong Lai Ying v Chinachem Investment Co Ltd (1979) 13 BLR 81 (refd) Frustrated Contracts Act (Cap 115, 1985 Rev Ed)s 2 (2) (consd) La......
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1 firm's commentaries
  • Force Majeure And Frustration
    • United Kingdom
    • Mondaq UK
    • 28 October 2020
    ...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. ......

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