KAWASAKI KISEN KABUSHIKI KAISYA v. BELSHIPS COMPANY, LTD., SKIBS. A/S.

(1939) 63 Ll L Rep 175

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party - Cancellation - Reasonable time after outbreak of war - Time-charter of motor vessel B-"In case Japan, Norway, China, U.S.A. or any of the great European Powers should become engaged in war with any other of these countries, owners and/or charterers have the option of cancelling charter-party"-Cancellation by charterers on Apr. 2, 1938-Right to cancel-Time within which right to cancel might be exercised-Implied term-Award that charterers were not entitled to cancel- Case stated-Umpire's finding that military operations between China and Japan from the beginning of September, 1937, to Apr. 2, 1938, constituted a war in the ordinary and popular meaning of that word.