The Super Servant Two
| Lauritzen A.S v Wijsmuller B.V, (The Super Servant Two) | |
|---|---|
| Court | Lord Bingham |
| Keywords | |
| Frustration | |
J. Lauritzen A.S. v Wijsmuller B.V, (The Super Servant Two) [1990] 1 Lloyd's Rep 1 more commonly known as The Super Servant Two was a Court of Appeal case in English contract law. The case is one of the leading case law authorities relating to frustration of contract in English contract law.
Facts
The claimants in the case,
Democratic Republic of Congo) while transporting another rig. The defendants argued that the contract has been frustrated as they were incapable of transporting the drilling rig and the claimants argued that the impossibility of performing the contract had been self-induced and that therefore they should not be discharged of the need to perform the contract.[1]
Judgment
The Court of Appeal ruled that the defendants could not rely on the doctrine of frustration and that the defendants would have to bear the additional costs of transporting the rig.
Criticism and academic reaction
A ruling has been described as "a harsh decision open to criticism".[2]
References
External links
- Lauritzen A.S. v Wijsmuller B.V Bailii.org. Retrieved 2013-1-24