Issue No. Whether the Arrival of the Barge at Maundays Bay was in Breach of Contract [163] In view of the Court’s findings of fact above that Devcon’s arrival at Maundays Bay beach was occasioned by a genuine miscommunication between the parties, the Court is of the view that this is no longer a live issue to be determined. By way of comment, the Court reiterates that the parties in their haste to have the beach replenished in the shortest possible time, failed to address their minds to the clearance of the equipment, fuel and lubrications. I do not accept that Devcon is solely responsible for its equipment and barge entering Maundays Bay beach. Both Devcon and Cap Juluca are responsible for the breaches of the law. There is no doubt that they both made the error of not discussing this aspect of the matter, even though DCK’s employees told Devcon that they could have arrived at Maundays Bay beach.
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