References: [1811] EngR 164, (1811) 13 East 343, (1811) 104 ER 402
Links: Commonlii
In assumpsit upon a memorandum for a charter-party, describing the agreement of the defendant, the shipowner, to proceed with all convenient speed to a foreign port, and there load, within 20 running days, a cargo from the plaintiff’s factors, and therewith return home, and in 15 running days deliver the same, on payment of certain freight, concluding with a certain penalty for non-performance : held that the plaintiff might recover damages on the breach of the contract, in the defendant’s not permitting the vessel to proceed on the voyage, beyond the amount of the penalty.
This case is cited by:
- Cited – Total Transport Corporation -v- Arcadia Petroleum Ltd (‘the Eurus’) CA (Times 16-Dec-97, Gazette 08-Jan-98, Bailii, [1997] EWCA Civ 2754, [1998] 1 Lloyds Rep 351, [1998] CLC 90)
Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been reversed, and they now appealed against that order. The parties disputed whether the amount was an award of . .