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.