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Thursday, 22 March 2012

Running Days

Per Lord Esher in Nielsen v Wait (1885) 16 QBD 67 at p.72:

"Running days" are those days, on which a ship in the ordina course is running. It is true that when they are lay days, they do not take effect under charterparty until the ship has done running; but the parties are describing the days about wh they are talking, namely, days in a port, according to the phraseology which they use with regar to a ship at sea. "Running days" therefore mean the whole of every day when a ship is running.
Read more here: http://www.caselawquotes.net/R/Running_Days.html

Demurrage

Per Lord Esher in Nielsen v Wait (1885) 16 QBD 67 at pp.70-71:
Other days are sometimes given also favour of the charterer, which are called "demurrage days." Those are days beyond the lay day but during which the amount that he has to pay for the use of the ship is a fixed sum, necessarily what it costs the owner to keep his ship, but a fixed sum, which is usually about what it is supposed it costs the owner to keep the ship. This stipulation also is in favour of the charterer, because instead of being involved in a dispute as to what he would have to pay for days during which the ship is kept idle, a sum is fixed, and he knows what he has to pay if he keeps the ship beyond the lay days
Read more here:http://www.caselawquotes.net/D/DemurrageLaydays.html

Monday, 19 March 2012

TBOOK (To The Best Of Owner’s Knowledge)

Per Lord Justice Longmore in Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV "Rowan" [2012] EWCA Civ 198 at para 18:
That leaves open the question of the meaning of "TBOOK". It can be said with some force that it is not much of a promise for an owner to say at the time of the agreement that his vessel is approved by specified oil companies "to the best of his knowledge". He must, after all, know perfectly well at that time whether his vessel has been approved or not....
Read more here:http://www.caselawquotes.net/T/TBOOK.html

Idemnity, Insurance Contract(s)

Per Lord Ellenborough in Brotherston v Barber [1816] 5 M & S 418 at p.425:
The great principle of the law of insurance is that it is a contract for indemnity. The underwriter does not stipulate, under any circumstances, to become the purchaser of the subject matter insured, it is not supposed to be in his contemplation he is to indemnify only.
Read more here:http://www.caselawquotes.net/I/Indemnity_Insurance_Contracts.html

Sunday, 18 March 2012

Working Day

Per Lord Esher in Nielsen v Wait (1885) 16 QBD 67 at p.71:

The days may be described "working days." Now "working days," if that term is used in the charterparty, will vary in diffferent ports; "working days" in the port of London are not the same as working days in some other ports, even in England; but working days in England are not the same as working days in foreign ports, because working days in England, by the custom and habits of the English, if not by the law, do not include Sundays. In a foreign port working days may not include saints' days....

Per Hamilton J in British and Mexican Shipping Co. v Lockett Brothers & Co. [1911] 1 KB 264 at p.273:
… a day of work as distinguished from days for play or rest; and I think it is immaterial whether the days for play or rest are for secular or religious reasons, and whether they are so by the ancient authority of the Church or by the present authority of the state.
Per Lord Devlin in Reardon Smith Line v Ministry of Agriculture [1963] AC 691 at p.736:
          From this it appears that "working" is a description of a type of day...
Read more here:http://www.caselawquotes.net/W/Working_Day.html

Thursday, 15 March 2012

Breach of Contract

Per Blackburn J in Poussard v Spiers and Pond (1876) 1 QBD 410 at p.414:
We think that, from the nature of the engagement to take a leading, and, indeed, the principal female part (for the prima donna sang her part in male costume as the Prince de Conti) in a new opera which (as appears from the terms of the engagement) it was known might run for a longer or shorter time, and so be a profitable or losing concern to the defendants, we can, without the aid of the jury, see that it must have been of great importance to the defendants that the piece should start well, and consequently that the failure of the plaintiff's wife to be able to perform on the opening and early performances was a very serious detriment to them...
Read more here:http://caselawquotes.net/B/Breach_of_contract.html

Thursday, 1 March 2012

Laytime/Demurrage Interrupted

Ropner Shipping Co. Ltd. v Cleeves Western Valleys Anthracite Collieries Ltd., (1927) 27 Ll.L.Rep. 317 by Sargant LJ at p.320:
In order that demurrage may be claimed by the owners they must at least do nothing to prevent the vessel being available and at the disposal of the charterers for the purpose of completing the loading of the cargo.
Read more here:http://caselawquotes.net/L/Laytime_Interrupted.html