The Law Relating to Demurrage (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... CHAPTER I. DEFINITIONS. DEMURRAGE. Demurrage may be defined generally as a compensa- JJjjJJjj - of De" tion paid by the shipper of goods to the shipowner for delay in taking his goods on board or out of the ship which carries them, whether under a charter-party (C./P.) or bill of lading (B./L.). "The days which are given to the charterer in a charter-party either to load or unload without paying for the use of the ship are the lay days; then days are sometimes given also in favour of the charterer, which are called 'demurrage days.' These are days beyond the lay days, but during which he has to pay for the use of the ship in a fixed sum."b This "fixed sum" may be an agreed rate of compensation for every "day," "weather working day," or " hour," occupied in loading or unloading beyond the lay days. The word demurrage, however, besides its strict meaning of an agreed compensation for delay in loading or discharging a ship, also includes damages becoming due to the shipowner for the detention of the ship in breach of the charterparty or bill of lading; such damages may be in addition to demurrage proper, as when the ship is detained during all the agreed days on demurrage and longer, or they may be payable without any demurrage proper being due, if the charter-party does not provide for days on demurrage. The term is also used, perhaps improperly, of detention of ships due to collisions, and their claims for compensation against the wrongdoer. *See per Lord Esher, M.R., in Harris v. Jacobs, 1885, 1J Q.B.D. 247. 'Per Lord Esher, M.R., in Nielsen v. Wait, 1885, 16 Q.B.D. 70. B Baron Cleasby in Lockhart v. Folk" said: --"The word 'demurrage' no doubt properly signifies the agreed additional payment (generally per day) for an allowed...