Voyage charter party – vessel missing loading date – owners held liable for damages.
On 7 October 1936, the vessel was chartered to load at 1 or 2 safe ports between Karachi and Mormugao, India. She was stated as being expected ready to load “about 15/18 November”.
At the time of entering the charter, the vessel had just left Genoa en route to Leghorn, Nepal and other ports.
Charterers nominated Mormugao as the load port and she arrived there on December 6 when she was duly loaded.
Charters claimed damages.
Charterers were successful in the arbitration and also before Branson J in an appeal by way of a special case.
He held that it was implied that the vessel would commence its approach voyage at a time when it could be reasonably be expected arrive at the load port on time.
Despite it having been said in Samuel Sanday v Keighly Maxted that all was required was an estimated time of arrival based on reasonable grounds, that there had to be a cut-off time.
Mocatta and Roche appeared.
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