12/82

Charterers unable to load a full cargo - Whether owners or charterers liable

The charterparty was on the NYPE form and was subject to the U.S.A. Clause Paramount. By the standard clause 8, the master was to be under the orders and directions of the charterers, and the charterers were to load, stow, trim and discharge the cargo at their expense, under the supervision of the Captain. In clause 45 the owners guaranteed that the ship could proceed safely between the first and second discharging ports with a certain quality of cargo (soyabeans) in three specified holds and with the remaining holds empty. The clause also contained an “intended loading plan” which the clause said would fill all the holds completely.