Rickinson, Sons, & Co. (Managing Owners of S.S. "Arachne") v. Scottish Co-operative Wholesale Society, Ltd [1918] ScotLR 412 (28 March 1918)

Rickinson, Sons, & Co. (Managing Owners of S.S. "Arachne") v. Scottish Co-operative Wholesale Society, Ltd [1918] ScotLR 412 (28 March 1918)

The obligation to take delivery 'as fast as vessel can deliver' is not absolute and must be construed in light of the actual circumstances affecting both shipowner and receiver at the time of discharge. Where delay is caused by factors beyond the receiver's control, such as labour shortages and concurrent obligations to other ships, and the receiver has done all reasonably possible to expedite delivery, no liability for demurrage arises.

Citation
[1918] ScotLR 412
Parties
Pursuer: Rickinson, Sons, & Company (Managing Owners of S. S. 'Arachne'); Defender: Scottish Co-operative Wholesale Society, Limited
Jurisdiction
Scotland
Judgment Date
28 March 1918
Procedural Posture
Commercial Shipping/demurrage Claim / Appeal (inner House, Court of Session)
Outcome
claim dismissed; defenders assoilzied (absolved)
Legal Topics
Affreightment, Demurrage, Bill of Lading, Interpretation of Contractual Clauses, Custom of the Port
Shipping Law Contract Law Affreightment Demurrage Bill of Lading Interpretation of Contractual Clauses Custom of the Port

Case Brief

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Parties

Rickinson, Sons, & Company (Managing Owners of S. S. 'Arachne')

Pursuer

Scottish Co-operative Wholesale Society, Limited

Defender

Procedural Posture

Commercial Shipping/demurrage Claim / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 Whether the obligation to take delivery 'as fast as vessel can deliver' is absolute or subject to circumstances affecting the receiver
  2. 2 Whether the defenders are liable for demurrage when delay was caused by shortage of labour and other circumstances beyond their control

Ratio Decidendi

The obligation to take delivery 'as fast as vessel can deliver' is not absolute and must be construed in light of the actual circumstances affecting both shipowner and receiver at the time of discharge. Where delay is caused by factors beyond the receiver's control, such as labour shortages and concurrent obligations to other ships, and the receiver has done all reasonably possible to expedite delivery, no liability for demurrage arises.

Court Disposition

claim dismissed; defenders assoilzied (absolved)

Orders

  • Lord Ordinary's interlocutor recalled
  • Defenders assoilzied from the conclusions of the summons