Plaintiff charterer had the right to claim Defendant leaser to return the overpaid rent, liquidated damages and ship repair fee and maritime fine paid in advance, because Plaintiff’s late payment constituted a breach of contract, and the contract should be terminated on the date of receipt of the notice of termination of the contract. The ship involved, without the consent of Plaintiff, removed the stone materials in the sea twice, which obviously infringed Plaintiff’s contractual rights and interests, should be confirmed as a breach of contract, and should pay the corresponding liquidated damages.

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Ningbo Fufa Municipal Engineering Co., Ltd. v. Taizhou Dingsheng Shipping Engineering Co., Ltd.

  • Martin Davies,
  • Jiang Lin

摘要

Plaintiff charterer had the right to claim Defendant leaser to return the overpaid rent, liquidated damages and ship repair fee and maritime fine paid in advance, because Plaintiff’s late payment constituted a breach of contract, and the contract should be terminated on the date of receipt of the notice of termination of the contract. The ship involved, without the consent of Plaintiff, removed the stone materials in the sea twice, which obviously infringed Plaintiff’s contractual rights and interests, should be confirmed as a breach of contract, and should pay the corresponding liquidated damages.