Dampskibsselskabet Danmark v. Christian Poulsen & Co. [1913] ScotLR 843 (10 July 1913)

Dampskibsselskabet Danmark v. Christian Poulsen & Co. [1913] ScotLR 843 (10 July 1913)

The charterers were not exempt from liability for demurrage because they failed to take all reasonable measures to secure timely delivery of the cargo. The delay was caused by their failure to contract for delivery within the charter-party's loading period, not by the strike itself. The exemption clause does not protect a party who has not taken reasonable steps to avoid or minimise the loss.

Citation
[1913] ScotLR 843
Parties
Pursuer: Dampskibsselskabet Danmark; Defender: Christian Poulsen & Company
Jurisdiction
Scotland
Judgment Date
10 July 1913
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Charter Party, Demurrage, Exemption Clauses, Burden of Proof, Contractual Obligations
Commercial Law Shipping Law Charter Party Demurrage Exemption Clauses Burden of Proof Contractual Obligations

Case Brief

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Parties

Dampskibsselskabet Danmark

Pursuer

Christian Poulsen & Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the charterers are exempt from liability for demurrage under the strike exemption clause in the charter-party when delay was caused by failure to secure timely delivery of cargo.
  2. 2 Whether the charterers took all reasonable measures to secure timely delivery of cargo as required to rely on the exemption clause.

Ratio Decidendi

The charterers were not exempt from liability for demurrage because they failed to take all reasonable measures to secure timely delivery of the cargo. The delay was caused by their failure to contract for delivery within the charter-party's loading period, not by the strike itself. The exemption clause does not protect a party who has not taken reasonable steps to avoid or minimise the loss.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Decree for payment of £142, 10s. demurrage to the pursuers.