Question
Having already presented and evaluated the theoretical approach regarding freight categories, give a solution to the following problem sets: A vessel carrying dates sinks in
Having already presented and evaluated the theoretical approach regarding freight categories, give a solution to the following problem sets:
- A vessel carrying dates sinks in the Thames. The dates were saved, but were unfit for human consumption and were sold, after distillation, as essential oils.
The charterer refuses to pay the freight.
Has he the right to refuse to pay the freight because the dates have become unfit for human consumption? Justify your answer.
- Freight payable on delivery. In the charter party there is a clause that provides for the release of the master of the ship from any liability due to perils of the sea. Part of the cargo exploded on the shore and the master of the ship ordered it to be collected by the crew and finally the cargo was delivered.
The shipowner requested the entire freight.
Has he the right to request the freight during delivery and after the specific event?
Justify your answer.
- Rice had to be delivered to Rotterdam, but due to dangerous transportation, it needed to be escorted by the French army. The owner of the cargo requested delivery to an intermediate port. Part of the cargo was delivered, but the vessel was ordered to leave the port.
The charterer refused to pay the freight.
Did he have the right to refuse payment? Justify your answer.
- The 75% of the freight was paid 5 working days after loading. The rest (25%) will be paid upon delivery. Due to a storm the ship sinks. The advanced freight was not paid and the charterers refuse to pay it.
Do they rightly refuse to pay the freight or not?
- The ship is carrying coal. Due to the negligent behaviour of the master of the ship the cargo gets a serious damage and it does not correspond to its freight. The charterer abandons the "damaged cargo" to the shipowner. The shipowner accepts the "damaged cargo", but also asks for a freight.
Can the shipowner ask for the payment of the freight?
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