Cobam NV v Aegean Petroleum (UK) Ltd and Another (29/94)
Cobam NV v Aegean Petroleum (UK) Ltd and Another (29/94) [1995] ZASCA 101 (19 September 1995)
The Supreme Court of Appeal held that clause 32 of the charter-party, which provides for the transfer and accounting of bunkers upon redelivery, applies only to redelivery at the natural termination of the charter-party by effluxion of time and not to early termination by breach. The limited quantities specified in clause 32 support this interpretation, as it would be unreasonable to expect the bunkers on board at the time of breach to match those quantities. The court found no basis for implying a term into the contract that would transfer ownership of the bunkers to Cobam upon withdrawal of…
Source excerpt
- Ownership Of Bunkers
- Implied Terms In Charterparty
- Tacit Agreement
- Termination Of Charterparty
- English Law Application