YANG Jianjun v. CHEN Shanliang
摘要
Plaintiff charterer entered into the charterparty with Defendant shipowner. The charterparty contained a term of liquidated damages which provided that if the charterer failed to pay the hire on time, the shipowner could regard that as repudiation and therefore terminate the charterparty and claim for damages. The charterer paid the deposit (as performance bond) and the hire of first month. The vessel was delivered to the charterer, but while she was waiting for the charterer’s instructions, the shipowner drove her away for its own purpose and never drove her back to the charterer afterwards.