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Hong Kong Fir Shipping v Kawasaki Remember the legal test to determine whether a term of a contract is a Condition, which entitles a party

Hong Kong Fir Shipping v Kawasaki

Remember the legal test to determine whether a term of a contract is a Condition, which entitles a party to discharge the contract and seek damages, or a warranty, which entitles a party to damages only.

Was the party substantially deprived of the entirety of the benefit of the contract?

Assume that Kawasaki did not realize they had paid too much, and just wasn't going to get the ship until later. Does this change anything? What if the contract did not have a provision to make up for lost time? How would you assess the matter in that circumstance?

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