The shipowner contracted to carry wet sugar but the ship was not fit to carry it. The jury found also that it could not be made fit in time to avoid frustrating the purpose of the voyage. The molasses had drained from the wet sugar into the hold in large quantities and the ship’s pumps were unable to deal with it. The cargo was unloaded.
Held: The charterers were entitled to refuse to reload it or to provide any other cargo. If the defect had been or could have been remedied within a reasonable time so as not to frustrate the adventure the charterer’s right would not have been to terminate the charter-party but to have claimed damages for any loss occasioned by the delay.
Citations:
[1874] 9 Common Pleas 390
Jurisdiction:
England and Wales
Cited by:
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Lists of cited by and citing cases may be incomplete.
Contract, Transport
Updated: 15 May 2022; Ref: scu.266193