A bill of lading provided-‘Freight . . to be paid as per margin, and to be collected on the gross weights, measurements, or number taken at the port of discharge, and according to the conditions stated in the company’s tariff, it being expressly agreed that freight is to be considered as earned, and must be paid ship and/or cargo lost or not lost.’
Owing to a collision sea-water entered the hold and dissolved a portion of the cargo, which was nitrate. The shipowners sued for the freight on the amount, agreed between parties, of the cargo so lost. Held (rev. decision of the Second Division) that such freight was due.
Judges:
Lord Chancellor (Birkenhead), Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw
Citations:
[1920] UKHL 488, 57 SLR 488
Links:
Jurisdiction:
Scotland
Transport
Updated: 22 October 2022; Ref: scu.631535