Charterers of a ship were under the charter-party to unload its cargo of timber at the rate of 100 standards per day, ‘always provided that steamer can . . discharge at this rate.’ Owing to shortage of labour the rate was not maintained and the shipowners claimed demurrage.
Held: The charterers were liable, as there was no fault on the part of the shipowner, and the proviso of the charter-party did not cover want of labour, but referred to the capacity and fittings of the vessel herself.
Viscount Finlay, Viscount Cave, and Lords Dunedin, Shaw, and Wrenbury
[1919] UKHL 611, 56 SLR 611
Bailii
England and Wales
Transport
Updated: 17 January 2022; Ref: scu.632779