January 7, 2013
- 354 Shipping
- 354II Title
- 354k29 k. Leases.
Lessee of excursion vessel that resembled pirate ship was not excused from performing its obligations to make lease payments by lessor’s alleged failure to perform by providing lessee with vessel not capable of operating in Florida as a pirate ship with cannon; lessee failed to explain how Miami Coast Guard’s operational restriction on open flames actually prevented use of cannon, no evidence was provided that the lease agreement necessarily included the ability and certification to operate a cannon, and Coast Guard never prevented pirate ship from carrying passengers and there was no evidence that restrictions hampered revenue-generating ability of pirate ship.
Culebra II, LLC v. River Cruises & Anticipation Yachts, LLC, 564 F. Supp. 2d 70 (D. Me. 2008)
Suggested by Valerie Garber, Principal Attorney Editor, Westlaw