Joseph A. Likely Co. v. Duckett & Co.

Joseph A. Likely Co. v. Duckett & Co.

The owners failed in their contractual obligation to supply a vessel reasonably fitted to carry the cargo described in the charterparty; the charterer tendered customary trade-sized lumber and fulfilled its obligation; therefore the charterer is not liable for dead freight or for demurrage resulting from the...

Source-derived case information.

Citation
(1916) 53 SCR 471
Parties
Appellant/defendant: Joseph A. Likely Co.; Respondent/plaintiff: A. W. Duckett and Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 June 1916
Procedural Posture
Maritime Charterparty Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick, Appeal Division
Outcome
Appeal allowed with costs; judgment of trial court restored dismissing the owner's action.
Legal Topics
Charterparty, Dead Freight, Demurrage, Suitability of Vessel, Trade Usage
Source Language
english
Transportation Maritime Law Contract Law Charterparty Dead Freight Demurrage Suitability of Vessel Trade Usage

Source-derived case record

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Parties

Joseph A. Likely Co.

Appellant/defendant

A. W. Duckett and Company

Respondent/plaintiff

Procedural Posture

Maritime Charterparty Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick, Appeal Division

Legal Issues

  1. 1 Whether shipowner must provide a vessel reasonably fit to carry the cargo described in the charterparty
  2. 2 Whether charterer was obliged to furnish lumber lengths adapted to the particular ship or only customary trade-sized lumber
  3. 3 Whether charterer liable for dead freight for cargo the vessel could not stow

Ratio Decidendi

The owners failed in their contractual obligation to supply a vessel reasonably fitted to carry the cargo described in the charterparty; the charterer tendered customary trade-sized lumber and fulfilled its obligation; therefore the charterer is not liable for dead freight or for demurrage resulting from the vessel's unsuitability. Appeal allowed and trial judgment restoring dismissal of owners' action was ordered.

Court Disposition

Appeal allowed with costs; judgment of trial court restored dismissing the owner's action.

Orders

  • Appeal allowed with costs
  • Judgment of trial court restored dismissing the action with costs in all courts