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Charterers’ obligation to pay hire, together with the anti-technicality provision (and arguably even without the anti-technicality provision) was a condition of the charter, breach of which entitled owners both to terminate the charter and to claim damages for loss of profit over the remaining minimum period of the charter.
Case note by Jim Leighton, BSc (Hons), LLB (Hons), LLM (Maritime Law), Solicitor of England & Wales, Foreign Qualified Lawyer (Practising Foreign Law) in Singapore, Associate at Hill Dickinson LLP and International Contributor to DMC’s CaseNotes [1http://www.jimleighton.co]
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