MAREDELANTO COMPANIA NAVIERA S.A. v. BERGBAU-HANDEL G.m.b.H. (THE "MIHALIS ANGELOS")

[1970] 2 Lloyd's Rep. 43

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Edmund Davies and Lord Justice Megaw

Charter-party - Cancellation - Chartered vessel "expected ready to load . . . 1st July 1965" - Whether condition or warranty - No reasonable grounds for such expectation - Cancellation by charterers on July 17 owing to inability to obtain cargo - Impossibility of vessel reaching loading port by July 20 which was cancelling date - Whether charterers entitled to cancel before July 20 - Whether only nominal damages claimable by owners. Damages - Contract - Anticipatory breach -Cancellation of charter-party due to inability to obtain cargo - No loss by owners - Whether only nominal damages claimable.