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Spar Shipping v Grand China Logistics

No change in size, 22:31, 5 May 2015
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(1) The balance due under the charters prior to termination, quantified at some USD562,000 and
(2) Damages for loss of bargain in respect of the unexpired term of the charters, amounting to some USD23.378,000.
GCL submitted that it was under no liability in relation to the unexpired periods of the charters: the right of withdrawal under the charters was a contractual option but there had been no breach of the charters giving rise to a right to damages at common law for repudiation or renunciation.
(1) the very inclusion of the contractual right to withdraw on any breach suggested that in its absence there would be no such
right;
(2) stipulations as to the time of payment would not be treated as conditions unless the contract indicated otherwise;

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