ABSTRACT

Termination might be thought to bring an end to all contractual obligations. In offshore construction contracts, however, termination rarely extinguishes all contractual obligations. The termination provisions of the contract provided the buyer with an option to complete the vessel in accordance with the contract at the builder's yard or elsewhere. The Court of Appeal described the shipowner's express right of termination as being a contractual expression of the general law remedy of termination. However, the right of termination under English law does not depend entirely on the contract terms expressly agreed by the parties. The purpose of interim relief is to regulate the position between the parties until final determination. Broadly, there are three types: mandatory injunctions, to force a party to do something; prohibitory injunctions; and injunctions in anticipation of some harm occurring. Contracts following shipbuilding forms are the more likely to have incomplete terms concerning the Company's payment obligations after termination.