“…not in the context of a contractual frustration clause but in the context of an exceptions clause. In that context, to paraphrase Kerr J [in The Furness Bridge [1977] 2 Lloyd’s Rep 367 at 372], they require Limbungan to show that but for the dam burst the cargo would have been supplied but due to the dam burst it was not.”…”
“…Co Ltd v W.N. Lindsay Ltd [1953] 1 WLR 1280, The Furness Bridge [1977] 2 Lloyd’s Rep 367 and the GAFTA soya bean meal cases referred to below). It is better to concentrate on the terms of clause 32.…”