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Part V The Obligations of the Carrier, 26 Reasonable Despatch

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 July 2024

Charter parties — Shipper's obligations and immunities

This chapter discusses reasonable despatch. The shipowner in all contracts of carriage impliedly undertakes that the vessel is ready to commence the voyage agreed on, to load the cargo to be carried, and shall proceed upon and complete the voyage agreed upon, with all reasonable despatch (or dispatch). As with the implied condition of seaworthiness, the reasonable despatch undertaking is an innominate term of the contract. The claimant’s remedy lies in damages, unless the delay is caused by an excepted peril. The charterer is not able to refuse to load a cargo. Whether the breach is so important as to enable the innocent party to avoid the contract depends on the effects of the breach; the contract may only be repudiated if the delay is such as to frustrate the object of the contract.

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