The terms of a charter-party provided that the shipowners should have a lien for dead freight upon the cargo, which was to be of a specified amount and to be delivered to the charterers’ order, ‘all other conditions as per charter.’ As the charterers failed to load a complete cargo, the shipowners took so much deck cargo that the ship was rendered unseaworthy, and encountering storms was obliged to deviate for repairs. The shipowners claimed against the holders of the bill of lading for loss caused by the charterers’ failure to load sufficient cargo. Held that the right to dead freight arose before the ship sailed and was not lost by the ship’s unseaworthiness or deviation, and that dead freight is damages for breach of contract.
Citations:
[1912] UKHL 1046, 49 SLR 1046
Links:
Jurisdiction:
England and Wales
Transport
Updated: 25 April 2022; Ref: scu.619249
