The charterers by the receivers had ‘accepted’ a notice of readiness which was ‘premature’ when given because customs entry had not been obtained as required by the relevant clause of the charterparty and so were estopped by their conduct from alleging that the notice was premature. The Notice of Rejection (NOR) might have been rejected for prematurity or it could have been ignored; however, it was formally accepted on no less than three occasions. Therefore the charterers could not subsequently be heard to assert that the notice was premature.
Judges:
Donaldson J
Citations:
[1978] 1 Lloyds Rep 19
Jurisdiction:
England and Wales
Cited by:
Appeal from – The Shackleford CA 2-Jan-1978
The Notice of Readiness was to discharge at the port of Constanza and was required ‘vessel also having been entered at the Customs House and the laydays will then commence on the next business day, whether in berth or not, whether in port or not, . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 07 May 2022; Ref: scu.277765