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Lloyd's Law Reports

SOCIETE FRANCO-TUNISIENNE D'ARMEMENT v. SIDERMAR S.P.A.

[1960] 1 Lloyd's Rep. 594

QUEEN'S BENCH DIVISION.(COMMERCIAL COURT.)

Before Mr. Justice Pearson.

Charter-party - Frustration - Closing of Suez Canal-Whether foreseeability of that event prevented frustration by that event - "Captain also to telegraph . . . on passing Suez Canal" - Allegation that vessel was accordingly under obligation to pass Suez Canal - Conduct of parties after frustrating event - Whether shipowners estopped from alleging frustration - Alleged equitable estoppel - Alleged agreement to be implied from conduct of parties that cargo would be carried via Cape of Good Hope at charter rate of freight-Alleged agreement that hire would be paid at reasonable rate-"Quantum meruit".

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