Lloyd's Maritime and Commercial Law Quarterly
DEMURRAGE AND THE MEANING OF WORDS
Jonas Atmaz Al-Sibaie and Justin Jun Xiang Tan*
The Eternal Bliss
Suppose I want to hire a ship to transport cargo from Felixstowe to Rotterdam. The shipowner may (understandably) be concerned about my tardiness when loading and unloading the vessel. As a result, our contract may stipulate a rate at which I need to load and unload the cargo. If I take longer than agreed, I must pay the shipowner some predetermined monetary sum as liquidated damages (“demurrage”). Now, suppose that my tardiness causes not only a delay in the voyage, but also some other loss, such as damage to some perishable cargo on board the vessel. Is the shipowner limited to recovering the agreed daily sum from me, or is it entitled to recover that agreed sum and also compensation for the cargo damage? In K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The Eternal Bliss),1 the Court of Appeal held that the shipowner can recover only the agreed daily sum.2 This note argues that the Court of Appeal’s reasoning is flawed.
Facts
The facts in the Eternal Bliss closely resemble the story above. Priminds chartered a vessel from K Line. Priminds failed to unload the vessel at the contractual unloading
* Many thanks to Alex Georgiou, Celine Ng, Lee Kay Howe, and Timothy Pilkington for comments on an earlier draft of this note. All views and errors remain our own.
1. [2021] EWCA Civ 1712.
2. A shipowner is entitled to recover damages in addition to demurrage where there is a separate breach and a separate type of loss: Aktieselskabet
Reider v Arcos Ltd (1926) 25 Ll L Rep 513; [1927] 1 KB 352.
Case and comment
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