Rowtor Steamship Co., Ltd v. Love & Stewart, Ltd [1915] ScotLR 280 (07 December 1915)

Rowtor Steamship Co., Ltd v. Love & Stewart, Ltd [1915] ScotLR 280 (07 December 1915)

The written terms of the charter-party fixing a daily rate for loading and discharging override inconsistent printed terms and local customs regarding lay-days. The 'reversible' clause allows the charterers to combine total lay-days, but where days saved in loading are purchased by dispatch money and the bill of lading states all loading days were used, the charterers cannot add those days to the discharge period. The defenders, having accepted the bill of lading without protest and with knowledge of the arrangement, are bound by its terms and liable for demurrage for the excess discharge period.

Citation
[1915] ScotLR 280
Parties
Pursuer: Rowtor Steamship Company, Limited; Defender: Love & Stewart, Limited
Jurisdiction
Scotland
Judgment Date
07 December 1915
Procedural Posture
Civil (commercial Shipping) / Final Appellate Judgment
Outcome
Appeal allowed in part; decree for pursuers for demurrage as restricted.
Legal Topics
Charter Party Construction, Demurrage, Lay Days, Agency, Bills of Lading
Maritime Law Contract Law Charter Party Construction Demurrage Lay Days Agency Bills of Lading

Case Brief

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Parties

Rowtor Steamship Company, Limited

Pursuer

Love & Stewart, Limited

Defender

Procedural Posture

Civil (commercial Shipping) / Final Appellate Judgment

Legal Issues

  1. 1 Whether the charter-party clause fixing a daily rate for loading/discharging supersedes local port customs affecting lay-days.
  2. 2 Whether days saved in loading (and paid for as dispatch) can be added to lay-days for discharge under a 'reversible' clause.
  3. 3 Whether the defenders are bound by the bill of lading stating all loading days were used.

Ratio Decidendi

The written terms of the charter-party fixing a daily rate for loading and discharging override inconsistent printed terms and local customs regarding lay-days. The 'reversible' clause allows the charterers to combine total lay-days, but where days saved in loading are purchased by dispatch money and the bill of lading states all loading days were used, the charterers cannot add those days to the discharge period. The defenders, having accepted the bill of lading without protest and with knowledge of the arrangement, are bound by its terms and liable for demurrage for the excess discharge period.

Court Disposition

Appeal allowed in part; decree for pursuers for demurrage as restricted.

Orders

  • Defenders to pay pursuers £305, 15s. 5d. as demurrage for 6.5 days' excess detention.
  • Defenders found liable in expenses.