If only part of the goods is arrived at the final destination, the shipowner is entitled to receive freight according to the quantity per ton which he has delivered, while the consignee in case of part delivery has a remedy of action against the owner. Even if the goods arrive damaged it will not necessarily deprive the shipowner from his right to freight. A test stated in Dakin v Oxley (1864) 15 CBNS 646 by Willes CJ contemplates that the cargo arrived must meet requirements of both forms of identity, i.e. in quantity and in quality, for the shipowner to be entitled to freight. If quantity delivered to destination is so small and worthless, then the question would arise whether practically speaking any part of the cargo has arrived.
When goods arrived in full but physically damaged then it must be ascertained whether they arrived in specie. If it is so changed in its nature by the perils of the sea as to become an unmerchantable thing, which no buyer would buy or honest seller would sell, then there is a total loss and, therefore, no freight is payable.
The test above prevents the charterer or cargo owner to claim that freight had been forfeited when damage, however trifling, was caused to the cargo during transportation, follow the rule that each party hears the damage resulting from his own breach of contract, and no more. Thus, any damage caused to the cargo is the subject of a cross-action, and did not affect the right to the freight.
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