Watson Steamship Company v Merryweather & Company
| Jurisdiction | England & Wales |
| Judgment Date | 18 June 1913 |
| Date | 18 June 1913 |
| Court | King's Bench Division |
King's Bench Division
Atkin, J.
Watson Steamship Company Limited v. Merryweather and Co.
Gray and Co. v. Christie and Co. 5 Times L. Rep. 577
Charter-party — Construction — Date specified for termination of hire
MARITIME LAW CASES. 353 K.B. Div.] Watson Steamship Co. Lim. v. Merryweather and Co. [K.B. Div. Wednesday, June 18, 1913. (Before Atkin, J.) Watson Steamship Company Limited v. Merryweather and Co. (a) Charter-party-Construction- Date specified for termination of hire-Retention of vessel beyond date specified-Time essence of contract. By the terms of a charter-party a vessel teas chartered from 15/31 May 1912 until 15/31 Oct. 1912 at the rate of 6152. per current month " hire to continue from the time specified for terminating the charter until her redelivery to owners (unless lost) at ??a port on east coast of United Kingdom between the 15th and 31st Oct. 1912." On the 18th Oct. 1912 the vessel was at West Hartlepool, and upon that day she was despatched by the charterers on a voyage from which, to the knowledge of the charterers, it was impossible that she could return in time to be redelivered to the owners by the Slat Oct. She was in fact redelivered on the 20th Nov. The current rate obtainable for the vessel on the 31st Oct. was 900l. per month, and the owner sought to recover from the charterers damages for twenty days detention of the ship calculated at the difference between the current rate and the chartered rate for the period in question. Held, that the clau?? in the charter-party set out above indicated an intention on the part of the parties to make the time specified in the charter for the redelivery of the vessel of the essence of the contract, and that as she was not redelivered by the 3lst Oct. the charterers had committed a breach of contract for which they were liable in damages at the rate claimed. AWARD stated by an umpire in the form of a special case. The special case, after reciting that disputes bad arisen between the Watson Steamship Company Limited the owners of the steamship Hugin (hereinafter called the owners) and J. Merry-weather and Co., the charterers of the steamship (hereinafter called the charterers), as to the meaning and effect of a charter-party dated the 26th Jan. 1912, and that the dispute had been referred to two arbitrators, and that they having failed to agree the matter was referred to the umpire who made his award in the form of a special case at the instance of both parties, proceeded as follows :- 1. The umpire found as facts: (a) The charter-party (a copy of which was annexed to and formed part of the special owe) was made between the owners and charterers on the 26th Jan. 191 2, and by it the Hugin was chartered by the owners to the charterers for the term from 15/31 May 1912 until 15/31 Oct. 1912. (b) The Hugin was delivered to the charterers in pursuance of the provisions of the said charter-party on the 6th June 1912. (??) On the 18th Oct. 1912 the Hugin was at West Hartlepool on which day she war despatched by the charterers from that port on a voyage to St. Petersburg and back. (d) It was impossible for the Hugin to perform the said voyage and to return in time to be redelivered to the owners at a port on the east side of the United Kingdom by the 31st Oct. 1912, and this fact was known to the...
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