e engine room staff. This led to the repeated need to stop for repairs. there was a definite breach of contract and the defendants would have been entitled to bring an action for damages. instead the elected to terminate the contract. the plaintiff claimed that alough they(the plaintiffs) were in breach of contract, the breach was not one which entitled the defendants to terminate,and that, therefore, the defendants had repudiated the contract by wrongful termination.
             The question has to asked weather the term 'seaworthiness' is a condition or a warranty. In fact one Judge did this and his outcome was that it was a warranty. However Diplock LJ made an histor
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