Ardan Steamship Co., Ltd, v. Weir & Co. [1904] ScotLR 41_230 (19 January 1904)

Ardan Steamship Co., Ltd, v. Weir & Co. [1904] ScotLR 41_230 (19 January 1904)

Where no definite time for loading is fixed and both parties are aware, or must be taken to be aware, of the port's conditions, the charterer fulfils their obligation if they take all reasonable means to have the cargo loaded at the earliest time compatible with those conditions. The obligation to provide a cargo is not absolute in such circumstances, and the charterers were not liable for delay caused by factors beyond their control and inherent in the port's custom.

Citation
[1904] ScotLR 41_230
Parties
Pursuer: Ardan Steamship Company, Limited; Defender: Andrew Weir & Company
Jurisdiction
Scotland
Judgment Date
19 January 1904
Procedural Posture
Commercial Shipping Contract Dispute / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
appeal allowed; defenders assoilzied (absolved from liability)
Legal Topics
Charter Party Interpretation, Reasonable Time for Loading, Custom of Port, Absolute Obligation to Provide Cargo, Damages for Detention
Contract Law Maritime Law Charter Party Interpretation Reasonable Time for Loading Custom of Port Absolute Obligation to Provide Cargo Damages for Detention

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Parties

Ardan Steamship Company, Limited

Pursuer

Andrew Weir & Company

Defender

Procedural Posture

Commercial Shipping Contract Dispute / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether the charterers were liable in damages for delay in loading the ship where no fixed time for loading was specified and both parties were aware of the port's custom.
  2. 2 Whether the obligation to provide a cargo is absolute or qualified by the custom and conditions of the port.

Ratio Decidendi

Where no definite time for loading is fixed and both parties are aware, or must be taken to be aware, of the port's conditions, the charterer fulfils their obligation if they take all reasonable means to have the cargo loaded at the earliest time compatible with those conditions. The obligation to provide a cargo is not absolute in such circumstances, and the charterers were not liable for delay caused by factors beyond their control and inherent in the port's custom.

Court Disposition

appeal allowed; defenders assoilzied (absolved from liability)

Orders

  • Lord Ordinary's judgment recalled
  • Defenders assoilzied (absolved from payment of damages)