Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Sub-zero Freezer Co. v. Cunard Line Ltd.

United States District Court for the Western District of Wisconsin
2002 WL 32357103


Sub-zero Freezer Company (Sub-zero) (plaintiff) a Wisconsin corporation, contracted with Cunard Line Limited (Cunard) (defendant), a Bahamian corporation with a principal place of business in Miami, Florida, to rent Cunard’s 208-passenger cruise ship, the Seabourn Spirit, for a seven-night cruise along the Eastern Mediterranean Sea. The contract required Sub-zero to prepay the total cruise price of $892,000, which was non-refundable upon Sub-zero’s decision to cancel the trip. Additionally, a contract provision relieved Cunard of any liability for its failure to perform, even in the event of a terrorist attack or war, unless it was officially directed not to sail by the United States government. Before the cruise date, the attacks of September 11, 2001 occurred. Although the U.S. Department of State issued formal warnings to Americans not to travel abroad it did not issue any orders requiring Cunard to cancel the cruise. Sub-zero contacted Cunard seeking to reschedule the trip or, alternatively, a refund. After Cunard refused both requests Sub-zero filed suit in federal district court seeking recovery of the cruise payment. Cunard filed a motion to dismiss the complaint.

Rule of Law


Holding and Reasoning (Crabb, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 370,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial