A chartered B’s boat and crew for 24 months but returned it after 12 since it needed extensive repairs that would take months and therefore claimed to repudiate the remainder of the contract.
B refused to accept this and kept the boat available for A for the remainder for the period once the repairs were complete.
A claimed back the money for the final 12 months. The arbitrator allowed A to claim back the money and then for B to claim damages.
The court upheld this, since it was of no interest to B to keep the contract alive rather than accept an award for damages.