OVERVIEW
The first of our 2021 Quadcast Shipping Specials looked at the recent decision of The C Challenger and the team of Robert Thomas KC, Chris Smith KC, Mark Stiggelbout and Celine Honey discussed the following issues:
- Misrepresentation: when will the Court imply a representation out of the proffer of contractual terms?
- Affirmation: what knowledge must the innocent party have of its rights? And is a reservation of rights effective?
- Rescission / damages: how should the Court exercise its discretion to order damages in lieu and how are they to be assessed?