Question 1 plan
Raiza is the owner of three ships. She negotiates a charter party with Julie and during one of
their meetings Julie asks her about the carrying capacity of Ship One. Raiza replies it was
about 2,000 tonnes. The answer was given honestly but was wrong. The correct figure,
1,500 tonnes, appeared in shipping documents, which Raiza had seen, but had forgotten.
Julie too is given access to these documents, but because she only looks cursorily at them,
she fails to find out about the ship’s true carrying capacity before the conclusion of the
contract. Because of Ship One’s limited carrying capacity, Julie’s work is held up, she loses
customers and future profits of £1,000,000. She is now demanding this amount in damages
from Raiza.
Raiza hires Ship Two to Lisa, but unfortunately, this ship is involved in an accident and is
therefore no longer available. Lisa wants to claim damages from Raiza too.
Prior to Ship Two’s accident, Raiza had hired Ship Three to Anum for a period of 18 months.
The hire is £3,000 per month, with the first payment due on 1 February. Anum’s first
the payment was ten days late. Raiza now wonders whether she can terminate the contract
with Anum and use Ship Three to perform her contract with Lisa.
Advise Raiza.
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