A firm of shipbuilders by a signed contract agreed to execute certain alterations on a ship, and to repair her so that she might be classed as A1 100 at Lloyds. The contract provided-‘the plating of the hull to be carefully overhauled and repaired.’- Held (aff. judgment of the Court of Session) that the shipbuilders were bound under the contract to supply a quantity of new plates so as to enable her to be so classified.
Opinions (contra that of the Lord Justice-Clerk) that in construing such a contract it is not admissible to look at a clause that has been deleted before signature for the purpose of arriving at the intention of parties.
Held that the expense of the survey of a ship by Lloyds’ surveyor falls on the owner of the ship, who is the party that is to benefit by it.
Citations:
[1878] UKHL 462, 15 SLR 462
Links:
Jurisdiction:
Scotland
Contract
Updated: 12 October 2022; Ref: scu.646302