A bill of lading incorporated a charterparty. The question was whether clauses in the charterparty or bill of lading prevailed. The charter clause incorporated a demurrage clause making the charterer’s laible for demurrage, and the owners asserted that the included demurrage clause made the cargo’s consignee, as holders of the bill, directly responsible for the demurrage.
Held: On its true construction, the contract the parties to the bill of lading intended that the charterer alone should carry responsibility. There is no general rule of construction that an incorporated clause which related directly to the issue operate in substitution for clauses on the same issue in the bill.
Judges:
Lord Diplock
Citations:
[1984] AC 676, [1984] 3 WLR 1
Jurisdiction:
England and Wales
Citing:
Considered – Gray v Carr 1871
. .
Considered – Porteua v Watney CA 1878
. .
Considered – The Merak 1965
. .
Considered – The Annefield 1971
. .
Cited by:
Cited – Tradigrain SA and Others v King Diamond Marine Limited The Spiros C CA 13-Jul-2000
The owner of a ship, the defendant, sought payment direct. The time charterer had become insolvent, but the ship had been sub-chartered to the claimant. The owner sought to exercise his lien over the cargo, but the sub-charterer had discharged his . .
Cited – Sigma Finance Corporation, Re; (in administrative receivership) SC 29-Oct-2009
The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed.
Held: The court considered the interpretations of the . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 28 April 2022; Ref: scu.180931