Question
Shipowner and Charterer signed a voyage charterparty contract on Day 1. As mentioned in the contract: Shipowner promised to transport 10 tons of groundnuts from
Shipowner and Charterer signed a voyage charterparty contract on Day 1. As mentioned in the contract:
Shipowner promised to transport 10 tons of groundnuts from "berth #4 Gilfport" (loading port in Mississippi River) to "Dock of Mexico City" (discharge port).
Charterer promised to load "a full and complete cargo of 10 tons of groundnuts in bulk, 5% more or less at Shipowner's option"
The contract warrants that the "fresh water level at the loading berth shall not be less than 40 feet"
Loading shall not be commenced before receiving the health certificate from the port authority.
Laytime: 2 days; Demurrage: US$2,000 per day. Despatch: US$1,000 per day.
On Day 20, the ship arrived the dock and master tendered the NOR (notice of readiness); in the NOR, it mentioned that the laytime shall commence on the morning of Day 25. Master only tendered this NOR.
On Day 22, the port authority issued the health certificate to the ship. On the morning of Day 23, Charterer started the loading. On the morning of Day 27, and about 8 tons of groundnuts were loaded onto the ship.
On the noon of Day 27, the port authority informed master that the water level of the river exit was dropped to 38 feet. Shipowner stopped the loading immediately.
Discuss the following 3 issues with proper legal principles:
Shipowner claimed Charterer for the deadfreight of US$5,000 (the 2 tons of groundnuts being shutout).
Shipowner claimed 2 days of demurrage (US$4,000).
Charterer claimed 2 days of despatch (US$2,000).
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