Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KAWASAKI KISEN KABUSHIKI KAISYA v. BANTHAM STEAMSHIP COMPANY, LTD.

(1939) 63 Ll L Rep 155

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Finlay.

Charter-party-Cancellation by owners- War-"31. Charterers and owners to have the liberty of cancelling this charter-party if war breaks out involving Japan"-Evidence of extensive fighting in China between Chinese and Japanese armies-No declaration of war made-Diplomatic relations maintained-Letter from British Foreign Office stating that "His Majesty's Government are not at present prepared to say that in their view a state of war exists"-Right of owners to cancel-Construction of charter-party -Arbitration-Award that war had broken out involving Japan and that owners were entitled to cancel-Case stated-Whether decision of Executive was essential as to fact of state of war between China and Japan-Meaning of "war"-Animus belligerandi as an essential element.

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