Giertsen and Others v. George V. Turnbull & Co. [1908] ScotLR 916 (09 July 1908)

Giertsen and Others v. George V. Turnbull & Co. [1908] ScotLR 916 (09 July 1908)

The Court held that under the charter-party, a breakdown occurs when a defect is discovered that necessitates, in the opinion of a prudent navigator, proceeding to port for repairs, not when the defect first arises. The implied warranty of seaworthiness is satisfied at delivery, not at each stage of the voyage. Charterers remain liable for coal consumed during off-hire periods unless expressly exempted. Off-hire is to be calculated by hours and half-hours.

Citation
[1908] ScotLR 916
Parties
Pursuers (owners): Giertsen and Others; Defenders (charterers): George V. Turnbull & Company
Jurisdiction
Scotland
Judgment Date
09 July 1908
Procedural Posture
Civil (shipping/charter Party Dispute) / Appeal (reclaiming Note) From Lord Ordinary's Interlocutors
Outcome
Appeal (reclaiming note) refused; Lord Ordinary's interlocutors adhered to.
Legal Topics
Charter Party, Off Hire Clauses, Implied Warranty of Seaworthiness, Calculation of Hire, Liability for Consumables During Off Hire
Shipping Law Contract Law Charter Party Off Hire Clauses Implied Warranty of Seaworthiness Calculation of Hire Liability for Consumables During Off Hire

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Parties

Giertsen and Others

Pursuers (owners)

George V. Turnbull & Company

Defenders (charterers)

Procedural Posture

Civil (shipping/charter Party Dispute) / Appeal (reclaiming Note) From Lord Ordinary's Interlocutors

Legal Issues

  1. 1 When does a 'breakdown' occur under a time charter-party off-hire clause?
  2. 2 Is the owner liable for the value of coal consumed during off-hire periods?
  3. 3 Does the implied warranty of seaworthiness require the vessel to be seaworthy at each stage of the voyage under a time charter?

Ratio Decidendi

The Court held that under the charter-party, a breakdown occurs when a defect is discovered that necessitates, in the opinion of a prudent navigator, proceeding to port for repairs, not when the defect first arises. The implied warranty of seaworthiness is satisfied at delivery, not at each stage of the voyage. Charterers remain liable for coal consumed during off-hire periods unless expressly exempted. Off-hire is to be calculated by hours and half-hours.

Court Disposition

Appeal (reclaiming note) refused; Lord Ordinary's interlocutors adhered to.

Orders

  • Hire not payable for periods: 8:30 a.m. 28 November 1905 to 9 a.m. 1 January 1906; 10 a.m. 5 February 1906 to 6 p.m. 7 February 1906; 12 noon 24 May 1906 to 9:20 p.m. 26 May 1906.
  • Charterers remain liable for coal consumed during off-hire periods.