This article is for informational and educational purposes only and does not constitute legal advice. Maritime law is complex and varies by jurisdiction. For specific legal problems involving General Average or cargo disputes, consult a qualified admiralty solicitor.
: The High Court held that the doctrine of frustration did not apply to leases at that time, meaning the tenancy continued and the tenants remained liable for rent despite being deprived of possession. Legal Principles
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The case was heard by the Court of King’s Bench, with delivering the leading judgment. The court ruled in favour of Macbean (the shipmaster), and this judgment is why Swift v Macbean remains famous.