Voyage Charterparty
Freight. Deduction from freight. General Principles
Excluding only instances when a lumpsum freight agreed, the amount paid by the charterers to the shipowners is always subject to delivered quantity of goods.
…according to the law of England, as a rule, freight is earned by the carriage and arrival of the goods ready to be delivered to the merchant, though they lie in a damaged state when they arrive. If the shipowner fails to carry the goods for the merchant to the destined port, the freight is not earned. If he carry part, but not the whole, no freight is payable in respect of the part not carried, and freight is in respect of the part carried unless the charterparty make the carriage of the whole a condition precedent to the earning of any freight…
In accordance with the rule stated above, when the goods delivered in whole but in damaged state English law precludes any deduction from the freight and affords the injured party a remedy by cross-action only.
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