22. Pyman Brothers v Dreyfus Brothers & Co. [1889] 24 QBD 152

Port Charterparty – interpretation

The facts

The vessel was ordered to proceed to Odessa, a port containing an outer and an inner harbour. On arrival in the outer harbour, a NOR was tendered.

The charterers required loading to take place in the inner harbour where the goods had been placed.

There was considerable delay before being able to berth in the inner harbour which the charterers claimed was not laytime.

Findings

The Queen’s Bench Division (Huddleston B and Mathew J) held at the risk of being unable to reach a particular berth within the general area named was upon the charterers.

Commentary

This case is an important precedent heavily cited.

It is also appears to be the first reference to the “commercial area” concept found in Leonis v Rank (no 1) and the Aello.

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