American Trading & Production Corp. v. Shell International Marine, Ltd.
United States Court of Appeals for the Second Circuit
453 F.2d 939 (2d Cir. 1972)
Relevant factsFree
American Trading (plaintiff) had to reroute a shipment for Shell (defendant) around Africa after the Suez Canal closed mid-voyage due to war, increasing its costs by about a third above the contract price, which had been calculated assuming Suez Canal transit; American Trading sued to recover the extra cost, arguing the closure made performance as contemplated legally impossible or impracticable.
IssueFree
Whether, in a contract for the transportation of goods, the closing of the route the transporter was expected to take constitutes legal impossibility, excusing it from performance.