500. Smith v M’Guire (the “Mahtoree”) (1858) 3 HURL. & N. 554

Breach of a voyage charterparty – measure of damages is what the vessel would have earned less what it did earn over the equivalent period

The Facts

The vessel was chartered to carry oats from Limerick to London after completion of a voyage to Quebec.

By their conduct, charterers repudiated the charter which repudiation was accepted by the owners.

The vessel was fixed for a substitute voyage from Limerick to London.

Owners claimed the “demurrage” earned for breach of the charter over the period before it became apparent that charterers would not take up the voyage and the difference in the freight the vessel would have earned on the intended voyage and what it did earn.

Findings

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