My Law Tutor

The Super Servant Two [1990]

April 15, 2024

Jurisdiction / Tag(s): UK Law

Introduction to The Super Servant Two [1990]

The Super Servant Two (1990) stands as a significant case in contract law, clarifying the boundaries of a party’s duty of care and the concept of contract frustration. This case study delves into the factual background, legal issues at stake, the court’s decision, and its lasting impact.

Factual Background

Lauritzen contracted with Wijsmuller to transport a drilling rig using a specific vessel, the Super Servant Two. The contract included a duty of care clause in Lauritzen’s favor. Unfortunately, the Super Servant Two sank before the transportation was to begin. Wijsmuller offered an alternative vessel (Super Servant One) but claimed it was unavailable. Lauritzen secured alternative transportation at a higher cost and sued Wijsmuller for breach of contract.

Legal Issues

Two key issues arose:

  1. Duty of Care: Did the duty of care clause extend to events before the contract’s performance (i.e., the sinking)?
  2. Frustration: Did the sinking of the Super Servant Two fundamentally change the contract, relieving Wijsmuller of its obligations?

Holding and Reasoning

The court sided with Lauritzen on both points. The court interpreted the duty of care clause broadly, holding Wijsmuller responsible for acting reasonably throughout the contractual period, including pre-performance actions. Regarding frustration, the court reasoned that the contract anticipated the possibility of the designated vessel being unavailable and provided for an alternative. Therefore, the sinking did not fundamentally change the contract’s performance.

Significance

The Super Servant Two clarifies aspects of duty of care and frustration:

  • Duty of Care: The case emphasizes that the scope of a duty of care clause can extend beyond the immediate performance, potentially encompassing pre-performance actions.
  • Frustration: The case clarifies that frustration requires a fundamental change in the agreed-upon performance, not just inconvenience or additional costs.

Conclusion

The Super Servant Two remains a vital case, shaping how courts perceive duty of care and the threshold for contract frustration.

Why Choose Us:

Students rely on our team of Professional Literature Review Writers for their expertise and proficiency in conducting literature reviews across various disciplines. With advanced degrees and extensive experience in academic writing, our writers possess the skills and knowledge to deliver high-quality literature reviews that demonstrate thorough research and critical analysis.

Cite This Work

Select a referencing style to export a reference for this article:

All Answers ltd, 'The Super Servant Two [1990]' (Mylawtutor.net, ) <https://www.mylawtutor.net/cases/the-super-servant-two-1990> accessed 10 November 2026
My, Law, Tutor. ( ). The Super Servant Two [1990]. Retrieved from https://www.mylawtutor.net/cases/the-super-servant-two-1990
"The Super Servant Two [1990]." MyLawTutor.net. . All Answers Ltd. 11 2026 <https://www.mylawtutor.net/cases/the-super-servant-two-1990>.
"The Super Servant Two [1990]." MyLawTutor. MyLawTutor.net, . Web. 10 November 2026. <https://www.mylawtutor.net/cases/the-super-servant-two-1990>.
MyLawTutor. . The Super Servant Two [1990]. [online]. Available from: https://www.mylawtutor.net/cases/the-super-servant-two-1990 [Accessed 10 November 2026].
MyLawTutor. The Super Servant Two [1990] [Internet]. . [Accessed 10 November 2026]; Available from: https://www.mylawtutor.net/cases/the-super-servant-two-1990.
<ref>{{cite web|last=Tutor |first=MyLaw |url=https://www.mylawtutor.net/cases/the-super-servant-two-1990 |title=The Super Servant Two [1990] |publisher=MyLawTutor.net |date= |accessdate=10 November 2026 |location=UK, USA}}</ref>

Related Cases

Attia v British Gas

UK Law . Last modified: July 20, 2024

Introduction to Attia v British Gas: Attia v British Gas is a pivotal case that delves into the intersection of negligence and contract law in the context of service provision. This case study aims to provide a comprehensive analysis of the background, legal issues, arguments, procedural history, analysis, decision, and implications of Attia v British […]

Watts v Morrow – 1991

UK Law . Last modified: July 24, 2024

Introduction to Watts v Morrow: Watts v Morrow – 1991 is a landmark case in legal history, exploring intricate issues in both contract and tort law. This case study aims to provide a comprehensive analysis of the background, legal issues, arguments, procedural history, analysis, decision, and implications of this significant litigation. By delving into the […]

Binion v Evans [1972]

UK Law . Last modified: September 30, 2024

 Introduction to Binion v Evans [1972] The 1972 case of Binion v Evans stands as a landmark judgment in English land law. It significantly broadened the scope of constructive trusts and their application to situations involving licenses to occupy land. This case study delves into the details of the dispute, the legal principles involved, […]

Oscar Chess v Williams – 1957

UK Law . Last modified: July 24, 2024

Introduction to Oscar Chess v Williams – 1957 The bustling streets of London in 1957 were home to many a deal, but none as questionable as the one struck between Oscar Chess Ltd., a seasoned car dealer, and Mr. Williams, a private seller. In the heart of the automotive scene, a Morris car changed hands, […]

White v Jones – 1995

UK Law . Last modified: July 24, 2024

Introduction to White v Jones: The case of White v Jones is a critical milestone in understanding contract law and professional negligence. It involves individuals, White and Jones, and their solicitor-client relationship. This case is pivotal in shedding light on the responsibilities of solicitors and the repercussions of professional negligence in the context of will […]

Combe v Combe – 1951

UK Law . Last modified: July 20, 2024

Introduction to Combe v Combe – 1951 Combe v Combe – 1951 presented a significant legal scenario regarding promises made within a marital relationship and their enforceability in court. It addressed the intricate intersection of family promises and contract law, aiming to determine whether such promises could legally bind parties or if they lacked the […]

go to top