PETRINOVIC & CO., LTD. v. MISSION FRANCAISE DES TRANSPORTS MARITIMES.

(1941) 71 Ll L Rep 208

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Charter-party - Demurrage - Freight - Expenses incurred by ship in protecting and preserving cargo-Master as agent of necessity-Performance of contract impossible by reason of unforeseen emergency-Frustration- Charter of Yugo-Slav steamship Milena to load cargo in United States and proceed to "One safe port between Brest and Bordeaux, both inclusive, orders to be given on signing bills of lading"-"Freight to be paid on signing bills of lading"-"The captain shall sign freight prepaid bills of lading"-Charterers allowed 17 weather working days for loading and discharging-Agreement to pay demurrage if time exceeded-"Charterers' liability to cease when the cargo is shipped and freight paid the owner or master of the steamer having an absolute lien upon the cargo for the recovery and payment of all freight, dead freight and demurrage"- Chamber of Shipping War Risks Clause No. 2 indorsed on charter-party -Shipment by M. & Co. of pitch in bulk (after withdrawal of objection by shipowners that pitch was inflammable cargo and therefore excluded)-Arrival in Bordeaux (nominated port of discharge) on May 27, 1940-Difficulty in discharge owing to melting of pitch into solid mass-Request made on June 20 by master to charterers' representatives at Bordeaux that in view of the military situation in France vessel should leave Bordeaux-Vessel cleared for Glasgow, arriving there on June 25 -Shipowners unable to get in touch with owners of cargo concerning disposal - Responsibility for cargo disclaimed by charterers-Cargo finally discharged on Sept. 26, and disposed of to city corporation as gift-Claims by shipowners against charterers for (1) demurrage at Bordeaux; (2) additional war risk insurance at Bordeaux; (3) freight (Bordeaux to Glasgow); (4) demurrage at Glasgow; and (5) expenses of disposing of and discharging cargo at Glasgow; alternatively, if charter-party frustrated, (i) Items (1), (2), (3) and (5); and (ii) loss based on estimated daily net profit while detained at Glasgow-Arbitration -Award that shipowners were entitled to recover sums in respect of demurrage at Bordeaux and Glasgow, freight from Bordeaux to Glasgow, and cost and expense of disposal and discharge of cargo at Glasgow-Case stated-Obligations of shipowners and charterers under charter-party-Effect of ship's departure in interests of ship and cargo-Whether charterers' obligation under demurrage clause continued -Unforeseen emergency making performance impossible - Shipowners' claim for expenses incurred for the protection and preservation of cargo based on implied term.