Dampskibs Aktieselskapet Aurdal v. Compania De Navegacion La Estrella [1916] ScotLR 679 (04 July 1916)

Dampskibs Aktieselskapet Aurdal v. Compania De Navegacion La Estrella [1916] ScotLR 679 (04 July 1916)

The Spanish royal decree did not prevent the defenders from executing a bill of sale to a Spanish subject. The contract was not dissolved by supervening impossibility, as performance remained possible via transfer to the pursuers' nominee. The pursuers are entitled to proof of their averments regarding the sub-sale and Otero's nationality, and if established, the defenders are bound to grant a bill of sale or pay damages.

Citation
[1916] ScotLR 679
Parties
Pursuer: Dampskibs Aktieselskapet Aurdal; Defender: Compania De Navegacion La Estrella
Jurisdiction
Scotland
Judgment Date
04 July 1916
Procedural Posture
Contract Dispute / Interlocutor Recalled, Limited Proof Allowed
Outcome
interlocutor recalled, limited proof allowed
Legal Topics
Sale of Ship, Supervening Illegality, Specific Implement, Damages, Assignment of Contractual Rights
Contract Law Commercial Law International Law Sale of Ship Supervening Illegality Specific Implement Damages Assignment of Contractual Rights

Case Brief

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Parties

Dampskibs Aktieselskapet Aurdal

Pursuer

Compania De Navegacion La Estrella

Defender

Procedural Posture

Contract Dispute / Interlocutor Recalled, Limited Proof Allowed

Legal Issues

  1. 1 Whether a supervening foreign law (Spanish royal decree) rendered performance of a ship sale contract impossible
  2. 2 Whether the defenders were bound to execute a bill of sale to the pursuers' nominee (a Spanish subject)
  3. 3 Whether damages are recoverable for failure to deliver the ship

Ratio Decidendi

The Spanish royal decree did not prevent the defenders from executing a bill of sale to a Spanish subject. The contract was not dissolved by supervening impossibility, as performance remained possible via transfer to the pursuers' nominee. The pursuers are entitled to proof of their averments regarding the sub-sale and Otero's nationality, and if established, the defenders are bound to grant a bill of sale or pay damages.

Court Disposition

interlocutor recalled, limited proof allowed

Orders

  • Interlocutor of Lord Ordinary recalled
  • Defenders' first plea-in-law repelled