A/B KARLSHAMNS OLJEFABRIKER AND ANOTHER v. MONARCH STEAMSHIP COMPANY, LTD.

(1946) 80 Ll.L.Rep. 151

COURT OF SESSION.

Before Lord Normand (Lord President), Lord Moncrieff and Lord Carmont.

Carriage of goods by sea - Unseaworthiness - Delay in prosecution of voyage - Outbreak of war - Ship directed by authorities to different port of discharge - Cargo transhipped by cargo-owners at port of discharge to contract destination - Claim by cargo-owners against shipowners for cost of transhipment - Measure of damages - Cargo of beans purchased by pursuers from Japanese firm - Defenders' ship chartered by Japanese firm for carriage of cargo from Rashin to Karlshamn - Serious delay on voyage due to boiler trouble - Unseaworthy condition of boilers at commencement of voyage - Outbreak of war during voyage to Karlshamn - Ship directed to discharge at Glasgow - Transhipment by cargo-owners from Glasgow to Karlshamn - Liability of shipowners for non-delivery at Karlshamn - Breach of contract - Remoteness of damage - Real cause of loss - Whether embargo freed shipowners from further performance - Effect of war deviation clause.