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Common Law: The Case Of Smith V. Dart

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Duties of the carrier to proceed the voyage with due dispatch under Common Law In common law, the shipper have to discharge the loading without any unreasonable delay if the contract do not mention any term in the contract. It means that the voyage can have the reasonable dispatch during the contract. There will be acquiesce in the common law that the shipper are given liberty of reasonable dispatch during the voyage to reach the port of discharge on time. According to the case Smith v Dart (1884), the court held that the whole charter down to the place in which it is inserted, and on that ground, it is already stated in the contract, but the shipper did not reach the discharge port on the time, the charterers had a right to cancel the contract. Other than that, the shipper has to complete the voyage within a reasonable time even it is no time specified in the contract. When the contract had already stated the time to load the cargo, the owner has the …show more content…

And, as a necessary consequence of the foregoing deviation for the purpose of communicating with a ship in distress is allowable, inasmuch as the state of the vessel in distress may involve danger to life. On the other hand, deviation for the sole purpose of saving property is not thus privileged, but entails all the usual consequences of deviation”
The contract will be stated the route also the loading and discharge port, when the shipper don’t follow what the contract had stated, it might look as breach of contract. The shipper have to pay for the damages of cargo due to the deviation of the voyage. According to the Joseph Thorley Ltd v Orchis SS Co Ltd [1907] 1 KB 660, the court held the shipper are not allow to depend on the exemption clauses that already stated in the contract, which is based on the major condition of the

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