Question
Chapman Furniture Pty Ltd enters a contract with the Leyland shipping company to use a ship for two years transporting furniture to various cities around
Chapman Furniture Pty Ltd enters a contract with the Leyland shipping company to use a ship for two years transporting furniture to various cities around Australia. The contract states that the ship will be "properly fitted out and maintained for full service with a well-qualified and efficient crew". When the ship arrives in Sydney for the first consignment to Melbourne the ship is in a terrible state and requires maintenance and repairs that take four months to complete. Chapman Furniture wishes to terminate the contract and use another shipping company for the two-year period.
- Can they terminate the contract?
- Can they get damages?
- What principle of law will apply?
- Are there any cases that assist your arguments?
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