The appellants, owners of the ship ‘J.,’ had contracted to deliver at Hull a cargo belonging to the respondents. Off the Firth of Forth the ship was torpedoed by an enemy submarine, and the master and crew were compelled to take to their boats under threat of violence. Further explosions were heard on board, and the ship was left apparently in a sinking state. The crew were picked up and taken to Aberdeen, where the master announced that his ship had been sunk. In fact, however, the ship had not sunk and was towed to Leith by salvors. Meantime the appellants’ agents had advised the respondents of the loss of ship and cargo. The respondents having heard of the arrival of the ship at Leith claimed to elect to take possession of their cargo at Leith and that no freight was due. The action was brought by the respondents for delivery of the cargo.
Held (dis. Lord Sumner) that the ship had been abandoned in circumstances which indicated no intention not to perform the contract, and that the appellants’ agents’ letter did not amount to notice of abandonment of the contract so as to entitle the respondents to receive the cargo free of freight.
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lords Sumner, Parmoor, and Wrenbury
Citations:
[1918] UKHL 397, 56 SLR 397
Links:
Jurisdiction:
England and Wales
Transport
Updated: 14 June 2022; Ref: scu.631480