在最近的 Fulton Shipping Inc of Panama v. Globalia Business Travel S.A.U. (New Flamenco) [2015] EWCA Civ 1299 一案中，租家毁约提前2年还船。船东主张索赔利润损失，但未得到支持，理由是，由于不能在市场上找到替代租家，船东提前2年，即在不断下挫的二手船买卖市场的高点卖船，已赚取利润。相应地，船东卖船是在履行减损义务。
详细信息请参阅附件。
Owner’s mitigation of Loss on breach of a charterparty by selling a vessel
In a recent case of Fulton Shipping Inc of Panama v. Globalia Business Travel S.A.U.(New Flamenco) [2015] EWCA Civ 1299, as a result of repudiation of a charterparty and accordingly the charterer in this case redelivered the vessel two years early. The Owners then claimed loss of profit and they failed as they had gained profit by selling the vessel two years earlier (at the top of the falling market for sale of second hand vessel) due to the fact that the Owners were unable to find a business for the vessel in the spot market. The Owners accordingly sold the vessel under their duty to mitigate their losses.
See attached file: ALCO20160005 Owner’s mitigation of Loss on breach of a charterparty by selling a vessel.pdf
