Suppose you owe me £1,000 for goods supplied a month ago, the sum
being payable on Friday. On Monday you say you haven't got any money
and won't be paying. Can I sue you on Tuesday?
The Singapore CA has said that the answer is Yes, provided I
characterise my payment as a claim for damages rather than debt, and
say at the time I sue that I am accepting your anticipatory breach.
In The STX Mumbai [2015] SGCA 35 bunker suppliers, told that they
wouldn't be getting paid by an insolvent shipowner, demanded payment
and arrested the ship a couple of days before the money was actually
due. Held: this was permissible (after a long analysis of
anticipatory breach). Seems logical, albeit it apparently carries
the implication that saying you won't pay a debt now automatically
accelerates it.
Andrew
--
Andrew Tettenborn
Professor of Commercial Law, Swansea University
Institute for International Shipping and Trade Law
School of Law, University of Swansea
Richard Price Building
Singleton Park
SWANSEA SA2 8PP
Phone 01792-602724 / (int) +44-1792-602724
Cellphone 07472-708527 / (int) +44-7472-708527
Fax 01792-295855 / (int) +44-1792-295855
|
Andrew
Tettenborn
Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe
Sefydliad y Gyfraith Llongau a
Masnach Ryngwladol
Ysgol y Gyfraith, Prifysgol Abertawe
Adeilad Richard Price
Parc Singleton
ABERTAWE SA2 8PP
Ffôn 01792-602724 / (rhyngwladol) +44-1792-602724
Ffôn symudol 07472-708527 / (rhyngwladol)
+44-7472-708527
Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855
|
Lawyer
(n): One versed in
circumvention of the law (Ambrose Bierce)
***