Where the Shipowner has accepted the port of discharge named by the Charterer,he must go there although it is not prospectively safe,and claim damages for injury()the ship by reason of the port not being safe.
The Shipowner cannot rely on the excepted perils if he has not()due diligence to make the ship seaworthy and its nonfulfilment causes the damage,nor can he do so if the vessel makes an unreasonable deviation.
Where a period is fixed during which freight is to be paid,the Shipowner must()to deliver the goods throughout the whole of that period if he wishes to claim payment.
It has been held that the Shipowner will be liable for the loss of or damage to the goods even if this is due to excepted perils,unless he can prove that he has()proper care of them whilst they were in his custody.
The reason for the obligation to load a full cargo()that otherwise the Shipowner would lose freight on account of some part of the ship’s carrying capacity not being utilized.
During loading or discharging,where the delay is due to the Shipowner’s fault,or that of his servants or agents acting within their authority,the time actually delayed is to be()in calculating lay days.
It has been decided that a collision due to any cause other than the negligence of the Shipowner or his servants is within the scope of().
Although the main business of the shipowners may be that of brewers,in their capacity as shipowners they must()by the standard of conduct of the ordinary reasonable Shipowner in the management and control of vessels.
The Shipowner is not()by the fact that a remote cause of the loss was an excepted peril.
The Shipowner may do what is reasonable()any of these liens in view of the fact that they are possessory liens,i.e. they can only be enforced by retaining actual or constructive possession of the cargo.
The Shipowner()that the ship shall proceed on the voyage with reasonable despatch.
If the Shipowner has failed to carry out a term of a time charter-party whereby he undertakes to maintain the vessel in a seaworthy state,this only()the Charterer to sue him for damages,and not to repudiate the charter-party.
Once the port has been named and accepted by,or on behalf of,the Shipowner,he can not afterwards refuse to go()__ on the ground that it is not safe.
()Charterer and Shipowner agreed on instructions which were ambiguous and were misinterpreted in good faith by the master,it was held that the Charterer could not hold the Shipowner liable.
Even if()vessel was unseaworthy,a Shipowner can still rely on the exception perils if the loss has not been caused by unseaworthiness.
The fact that a part of the cargo has already been discharged will not()the owners of the rest,under all circumstances,from claiming a general average contribution from the Shipowner.
If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception,he must also show how much of the damage is comprised in that part,otherwise he is liable().
At common law the Shipowner has possessory liens on the cargo for().
If it is clear that the damage must have arisen either from bad stowage or from perils of the sea,and are excepted,in order to escape liability the Shipowner must show that the damage arose from the latter.“the latter”refers to()
The fixing of a canceling date on a charter-party merely()warning to the Shipowner that non-arrival by this date may result so as to entitle the Charterer to rescind.
The basic shipping paper that forms an agreement between a shipowner and a charterer is a ().
According to SOLAS, 1974, as amended, the shipowner or any person who has assumed responsibility for the ship (the “Company”) must()
Time chartering means that the shipowner provides a designated manned ship to the charterer, and the charterer employs the ship for a specific period against payment of hire. ()
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