414. Vogemann v Zanzibar Steamship Company Limited (the “Zanzibar”) 1901 6 Com. Cas. 253; 1902 7 Com. Cas. 255

Off-hire clause – breakdown during voyage – vessel back on hire on completion of repairs despite deviation to repairing port  

 The facts

En route from Hamburg to New York, the vessel sustained damage and put back to Queenstown (modern Cobh, Ireland) for repairs.

Sailing again from Queenstown, the vessel took 7 days to reach the location where the breakdown had occurred. 

The vessel had been chartered for 2 or 3 round voyages, payment of hire to be made monthly in advance. 

Clause 14 read:

 “14    That in the event of loss of time from deficiency of men or stores, breakdown, or damage of machinery or damage to rudder or propeller, grounding, but not in river, detention by average accidents to ship or cargo, or any other cause preventing the full working of the vessel (loading and/or discharging cargo), the payment of hire shall cease for the time exceeding 24 hours thereby lost.”      

Findings

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