"Strathlorne" Steamship Co., Ltd v. Hugh Baird & Sons, Ltd [1915] ScotLR 759 (29 June 1915)

"Strathlorne" Steamship Co., Ltd v. Hugh Baird & Sons, Ltd [1915] ScotLR 759 (29 June 1915)

The clause in the charter-party referencing discharge according to custom at port was validly incorporated into the bill of lading. The custom at Leith for bulking grain cargoes from North Pacific ports was established, uniform, and binding, not inconsistent with the contract. Consignees were obliged to accept delivery according to this custom, and shipowners were entitled to demurrage and extra discharge costs resulting from defenders' refusal to comply.

Citation
[1915] ScotLR 759
Parties
Pursuer: Strathlorne Steamship Company, Limited; Defender: Hugh Baird & Sons, Limited
Jurisdiction
Scotland
Judgment Date
29 June 1915
Procedural Posture
Commercial Shipping Dispute / Appeal (inner House, Second Division)
Outcome
judgment for pursuers (Strathlorne Steamship Company, Limited)
Legal Topics
Affreightment, Charter Party, Bill of Lading, Custom of Port, Delivery of Cargo, Incorporation of Terms
Maritime Law Contract Law Affreightment Charter Party Bill of Lading Custom of Port Delivery of Cargo Incorporation of Terms

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Parties

Strathlorne Steamship Company, Limited

Pursuer

Hugh Baird & Sons, Limited

Defender

Procedural Posture

Commercial Shipping Dispute / Appeal (inner House, Second Division)

Legal Issues

  1. 1 Whether a custom of discharge at Leith requiring bulking of grain shipped in sacks from North Pacific ports is binding on consignees under bills of lading
  2. 2 Whether the charter-party clause referencing custom of port is incorporated into the bill of lading
  3. 3 Whether the alleged custom is inconsistent with the written contract

Ratio Decidendi

The clause in the charter-party referencing discharge according to custom at port was validly incorporated into the bill of lading. The custom at Leith for bulking grain cargoes from North Pacific ports was established, uniform, and binding, not inconsistent with the contract. Consignees were obliged to accept delivery according to this custom, and shipowners were entitled to demurrage and extra discharge costs resulting from defenders' refusal to comply.

Court Disposition

judgment for pursuers (Strathlorne Steamship Company, Limited)

Orders

  • Defenders to pay balance of freight (£60, 2s.)
  • Defenders liable for demurrage and extra discharge costs as claimed by pursuers