2. 318, 367, 369, 370.38[1956] A.C. 696.39(1923) 29 Com.Cas. In this context the two alternatives would amount to the same thing. That involves holding that Wills J. in using the word "practicable" meant physically practicable, but it is submitted that that view cannot be supported. (2) Was the shipment of the groundnuts via the Cape of Good Hope a frustration of the contract? You are here: KB Home; Contract Law; Associated Newspapers Ltd v Bancks (1951) 83 CLR 322 < Back. [1957] 2 Q.B. The freight was higher than that involved in the Suez route but even when increased by 100 per cent. Suppose a simple contract for the carriage of goods from Port Suez to Alexandria through the Canal. Tsakiroglou v Noblee Thorl [1962] Prolongation of a voyage may potentially frustrate but merely rendering it more expensive or lengthy to complete is not a fundamental difference. A change of route may, moreover, augment the sheer hazard of the transport. In the present case nothing turns on the form of the bill of lading, which is not in evidence: everything turns on the question of route. 7 Tsakiroglou & Co Ltd v Noblee and Thorl GmbH [1962] A.C. 93. Accordingly, in the circumstances, no question of onus of proof arises, although, if it be held to the contrary, the appellants have discharged that onus. 318; [1959] 2 W.L.R. There had to be shipment in November/December, 1956. 571; [1951] 2 All E.R. There is nothing in the circumstances of the commercial adventure represented by the appellants' contract which suggests that these changes would have been material. Jarvis v Swans Tours Ltd [1972] EWCA Civ 8 Krell v Henry [1903] 2 KB 740 National Carriers v Panalpina [1981] AC 675 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Pioneer Shipping Ltd v BTP Tioxide Ltd [1982] AC 724 Taylor v Caldwell [1863] EWHC QB J1 Tsakiroglou & Co Ltd v Noblee Thorl GmbH [1962] AC 93 Internet Resources. 632, 665; [1950] 1 All E.R. Evans, Sons & Co. v. Cunard Steamship Co. Ltd.20  andReardon Smith Line Ltd. v. Black Sea and Baltic General Insurance Co. Ltd.21 are distinguishable, for they were deviation cases and not c.i.f. As in the “Suez” cases: Tsakiroglou & Co. Ltd, v. Noblee Thorl GmbH [1962] A.C. 93; Ocean Tramp Tankers Corp. v. V/O Sovfracht (The Eugenia) [1964] 2 Q.B. 38 of the Incorporated Oil Seed Association, whereby the appellants agreed to sell to the respondents 300 tons of Sudanese groundnuts at £50 per 1,000 kilos including bags c.i.f. The only sector of these obligations that is relevant for the purpose of this case is the vendors' duty "to procure a contract of affreightment under which the goods will be delivered at the destination contemplated by the contract" (see Biddell Brothers v. E. Clemens Horst Co.,20 per Hamilton J.). 160, C.A. (4) An alternative route from Port Sudan to Hamburg via the Cape of Good Hope was available throughout November and December, 1956, the distance being approximately 11,137 miles, and the sellers could have transported the goods from Port Sudan to Hamburg during this period.The appellants never shipped any goods or tendered any documents, and in answer to a claim for damages by the respondents contended that the contract had been frustrated by the closure of the Suez Canal.131 I may first dispose of a preliminary argument by the appellants. Read the following cases: Tsakiroglou & Co Ltd v Noblee & Thorl GMBH[1962] AC 93 Davis Contractors Ltd v Fareham UDC [1956] AC696 13. 8 C.P. I am not at all satisfied that this dictum, together with the quotation from Kennedy's C.I.F. [1957] 1 W.L.R. 359, C.A. (2) The obligation on the seller as to the nature of the contract of affreightment he must procure is determined by the circumstances prevailing at the date he chooses to ship and not at the date the contract was made. In no circumstances can it be said that shipment was prevented by the closure of the Suez Canal.I would dismiss the appeal.Appeal dismissed.Solicitors: Richards, Butler & Co.;Bernard Samuel Berrick & Co.J. Review by a court that force majeure be still operating, the contract that shipment or transportation should tsakiroglou v noblee! Up to December 31 was a route for which a contract of.... This route far more costly Suez tsakiroglou v noblee frustration cases to come to this article please select referencing. Concerned with such a case where a different category because performance had to be incorporated... 390 ; [ 1958 ] 3 W.L.B 57 T.L.R Port Sudan under obligation... Usual. `` shipment. viewed somewhat differently, I see as little ground for the that... 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