Held: (rev. the judgment of the First Division) that the obligation of the charterers of a ship to have the cargo ready as soon as the vessel is in ordinary course ready to load, being apart from special stipulation express or implied an absolute obligation, distinct from the obligation to load, it was no defence to an action of damages for detention, brought by the owners of a ship which had been chartered to go to a certain port and there ship a cargo of coals that the vessel by the custom of the port had not been given a loading berth, inasmuch as the reason why she had not been given a loading berth was that she had not a loading order, her cargo being not yet available because the colliery was under obligation to load vessels in their turn and there were two other vessels to be loaded first.
Judges:
Lord Chancellor (Halsbury), and Lords Davey, James of Hereford, and Robertson
Citations:
[1905] UKHL 851, 42 SLR 851
Links:
Jurisdiction:
Scotland
Transport
Updated: 26 April 2022; Ref: scu.621186