ABSTRACT
Lawyers practising in the area of international trade are principally concerned with the law of contract. Indeed, within the law of contract, the aspects which really matter when advising clients can be distilled down to a few core subjects. The New Flamenco was a case where an owner was claiming against charterers for repudiatory breach. However, the same principles would undoubtedly apply if the boot were on the other foot, i.e., if the charterers were claiming resulting from a repudiation by owners. Some might say they build mitigation into the measure – or they involve a deemed or assumed mitigation. Indeed, wherever a breach of charterparty means an owner loses its employment or the charterer is deprived of use of the vessel such that loss is assessed by reference to the cost of what could be earned under an equivalent charter, it seems likely the same approach as explained earlier will apply.
