Accidents Preventing the Loading

Per Earl of Selborne LC, giving the leading judgement in Grant & Co v Coverdale, Todd & Co (1884) 9 App Cas 470 at 475-476:

This exception in the contract being limited to "accidents preventing the loading," the only question is, what is the meaning of "loading"? and whether this particular frost did, in fact, prevent the loading. There are two things to be done – the operation of loading is the particular operation in which both parties have to concur. Taken literally it is spoken of in the early part of this charterparty as the thing which the shipowner is to do. The ship is to "proceed to Cardiff East Bute Dock, and there load the cargo." No doubt, for the purpose of loading, the charterer must also do his part; he must have the cargo there to be loaded, and tender it to be put on board the ship in the usual and proper manner.

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