Prior to raising an action to recover a certain sum as demurrage the solicitors for the parties, the shipowners and the charterers, agreed that a clause in the charter-party-‘It is agreed that all liability of the charterers shall cease as soon as the cargo is shipped, notwithstanding that it may have been sold at a price to cover cost, freight, and insurance, in consideration of the vessel having a lien upon same for all unpaid freight, dead freight, and demurrage which she is hereby bound to exercise’-should be waived. The action proceeded on this footing, and was appealed to the House of Lords.
Their Lordships, on the ground that parties had concurred in asking for an order upon the footing that they were bound by a contract different from the contract by which they were actually bound, dismissed the action with expenses to neither party.
Judges:
Lord Chancellor (Loreburn), Lord Atkinson, and Lord Shaw of Dunfermline
Citations:
[1910] UKHL 507, 47 SLR 507
Links:
Jurisdiction:
Scotland
Transport
Updated: 26 March 2022; Ref: scu.619788