''Jackson v Union Marine Insurance'' (1874) 10 Common Pleas 125 is an early

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case concerning the right to terminate an agreement.

Facts

Mr. Jackson owned a ship - the ''Spirit of the Dawn''. In November 1871 he entered a

charter-party A charterparty (sometimes charter-party) is a maritime contract between a shipowner and a "charterer" for the hire of either a ship for the carriage of passengers or cargo, or a yacht for pleasure purposes. Charter party is a contract of carriage ...

for the ship to go from

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to Newport, and load iron rails, which were going to be used for a new line in

San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...

. Mr Jackson also had an insurance policy with Union Marine Insurance, which covered losses for "perils of the sea". The ship left on 2 January 1872 but ran aground in Carnarvon Bay the next day. She needed repairs until August. The charterers on 15 February secured another ship to carry the rails. Jackson brought an action on the insurance policy on the chartered freight. The

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

held that the delay for repairs was so long that it brought the contract in a commercial sense to an end.

Judgment

Bramwell B held with the majority (Blackburn J, Mellor J, Lush J and Amphlett B) that the jury had been correct. The delay meant the charterers were not bound to load the ship and that there was a loss of the chartered freight by perils of the sea.

Notes

References

* {{DEFAULTSORT:Jackson V Union Marine Insurance Lord Blackburn cases Baron Bramwell cases English termination case law 1874 in case law 1874 in British law Court of Exchequer Chamber cases

Facts

Judgment

See also

Notes

References