Wong Wing Fai Co., S.A. v. United States
United States Court of Appeals for the Ninth Circuit
840 F.2d 1462 (1988)

- Written by Alex Ruskell, JD
Facts
The United States (defendant) chartered a vessel from Wong Wing Fai Co., S.A. (Wong) (plaintiff) under a time charter. Under the charter agreement, Wong’s vessel had to deliver a cargo of fuel oil by April 25 to a South Vietnamese port during the Vietnam War. On April 23, Wong requested that the charter be canceled because of the high cost of insurance for operating in a war zone. The United States agreed to terminate the charter effective April 25 once the fuel oil had been delivered. The rapidly deteriorating situation in Vietnam caused Wong’s vessel to be moved place to place as it attempted to find a safe place to deliver the fuel oil. On April 30, South Vietnam fell, and South Vietnamese soldiers commandeered the vessel and fled to Singapore. Singapore refused the vessel and sent it back to Vietnam. On May 8, North Vietnamese forces seized the vessel with the fuel oil still onboard. Wong sued the United States for lost charter fees up to April 30. The United States responded that the charter had been terminated on April 25. The district court ruled in the United States’ favor. Wong appealed.
Rule of Law
Issue
Holding and Reasoning (Stephens, J.)
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