Reardon_Smith_Line_Ltd_v_Yngvar_Hansen-Tangen

<i>The Diana Prosperity</i>

The Diana Prosperity

UK legal case

The Diana Prosperity or Reardon Smith Line Ltd v Yngvar Hansen-Tangen and Sanko SS & Co Ltd [1976] 1 WLR 989Closed access icon is a landmark English contract law case. It heralded a new contextual approach to interpretation of contracts.

Quick Facts The Diana Prosperity, Court ...

Facts

A charterparty described the ship to be chartered as "called Yard no 354 at Osaka". Osaka was the name of the yard responsible for building the ship, although the building was subcontracted to another yard, Oshima. The Osaka yard could not handle a tankship of that size. Both parties knew this. But the buyers, wanting to get out of the contract for another reason, argued that the ship did not correspond with the description under s 13 of the Sale of Goods Act 1979.

Judgment

The House of Lords held that the words used did not fall under s 13, because they were merely labelling which vessel was involved. In the course of the decision, Lord Wilberforce stated that in construing a contract, the Court must,

place itself in thought in the same factual matrix as that in which the parties were.

The hull number and yard had no particular significance. The description needs to focus on the goods not excessively technical arguments.

See also

Notes

    References

    • C Mitchell and P Mitchell (eds), Landmark Cases in the Law of Contract (2008)
    • Bishop, Beale and Furmston, Contract Cases and Materials (2008) 429, who give a useful analogy for this case, "if Furmston were to sell his cottage, 'known as Denning's Orchard' to Beale, would Beale be able to get out of the contract on the grounds that the cottage had never belonged to anyone called Denning and didn't have a single fruit tree in the grounds?"
    Share this article:

    This article uses material from the Wikipedia article Reardon_Smith_Line_Ltd_v_Yngvar_Hansen-Tangen, and is written by contributors. Text is available under a CC BY-SA 4.0 International License; additional terms may apply. Images, videos and audio are available under their respective licenses.