Cesser clause – charterers failing to provide for a lien for demurrage upon discharge – no cesser of liability
Wheat was shipped from Karachi to Avonmouth.
The cesser clause read as follows:
“Charterers’ liability to cease on completion of shipment, provided cargo is worth the freight and demurrage”.
The charterer presented bills of lading to the master in which there was no provision for a lien for demurrage.
Delay occurred at the port of discharge in consequence of which the owners claimed 4 days’ demurrage.
The charterers relied upon the cesser clause.
Rowlatt J sitting without a jury found that, the cesser clause did not protect the charterers.
The finding in this case is justified by a straightforward interpretation of the cesser clause.
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