chapter  20
36 Pages

Loading, Stowing, Trimming and Discharging Cargo

Discharge during the course of the voyage 20.4 The charterers’ obligations in regard to discharge usually apply only to discharge at the

ship to load cargo at one port for carriage to another, it is the owners’ obligation to comply with those orders and therefore to carry the cargo in the chartered ship to the designated discharging port. If the ship encounters an impediment on the way, the owners may be excused responsibility for the consequences by reason of an exception clause in the charter, though if they can overcome that impediment by reasonable measures and they do not take such measures they cannot say that the consequent delay has been caused by the excepted peril. If those reasonable measures involve expense they must incur it.’’ Although The Pythia does not appear to have been cited to him, Mance, J., reached the same conclusion in The Darya Tara [1997] 1 Lloyd’s Rep. 42, and paragraph 20.31, below.