Lloyd's Maritime and Commercial Law Quarterly
DEBT OR DAMAGES: TIME TO DISPENSE WITH THE DOCTRINE OF DEEMED FULFILMENT?
Anthony Kennedy*
Helen Morton†
King Crude Carriers v Ridgebury November
Introduction
Does English law, following Lord Watson’s speech in Mackay v Dick & Stephenson,1 provide that, in circumstances where the accrual of a party’s obligation to pay a debt is subject to a condition, and the putative debtor wrongfully prevents that condition from being fulfilled, the condition is treated as dispensed with or fulfilled, with the result that the debt accrues?
* Lecturer in Commercial Dispute Resolution at BPP Law School; barrister.
† Barrister, Essex Court Chambers.
1. (1881) 6 App Cas 251 (hereafter, “Mackay”).
Case and comment
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