Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

CHELLEW NAVIGATION COMPANY, LTD. v. A. R. APPELQUIST KOLIMPORT, A.G.

(1933) 45 Ll.L.Rep. 190

KING'S BENCH DIVISION.

Before Mr. Justice Acton.

Charter-party-Hire-Baltic round voyage -Seaworthiness-Vessel not supplied with Swedish measurement certificate- Re-delivery damaged-Whether "fair wear and tear"-To be "in every way fitted for ordinary cargo service . . . Charterers shall provide and pay for all . . . canal, dock and other dues and charges . . . and all other charges and expenses . . . Charterers shall pay [rate of hire] per calendar month . . . and pro rata for any fractional part of a month (the days to be taken as fractions of a month of 30 days) until her re-delivery . . . Steamer . . . shall be re-delivered in same good order as when delivered to the charterers (fair wear and tear excepted) . . ."-Vessel on hire for 29 days of 31-day month-Computation of refund of hire paid in advance- Damage incurred in loading and unloading non-excepted cargo without negligence-"Fair wear and tear"

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