潮汐表 艘船宝
> 魏长庚 > 正文


来历:魏长庚  2019-06-20  我要谈论(0  


《装卸时刻与滞期费》第6版CHAPTER 3 第3章Commencement of laytime 装卸时刻的起算CHAPTER 3 第3章Commencement of laytime装卸...



Commencement of laytime 装卸时刻的起算


Commencement of laytime


3.456 Charterers, as in the previous case, sought to argue that arrival meant that the vessel had to be an Arrived ship, but again this contention was rejected, the judge finding that arrival was used in the popular sense of that word as opposed to the technical meaning it had in connection with when a vessel became an Arrived ship. Commenting on this aspect, Roskill J said:

I think as a matter of ordinary common sense if one asked two businessmen if a ship had arrived at Lourenco Marques when she reported at the pilot station in that way and in those circumstances they would answer: ‘‘Yes, she has arrived there’’, notwithstanding that she had not yet got within the commercial limits of the port.

On the meaning of ‘‘reachable’’, he said:

‘‘Reachable’’ as a matter of grammar means ‘‘able to be reached’’. There may be many reasons why a particular berth or discharging place cannot be reached. It may be because another ship is occupying it; it may be because there is an obstruction between where the ship is and where she wishes to go; it may be because there is not a sufficiency of water to enable her to get there. The existence of any of those obstacles can prevent a particular berth or dock being reachable and in my judgment a particular berth or dock is just as much not reachable if there is not enough water to enable the vessel to traverse the distance from where she is to that place as if there were a ship occupying that place at the material time. Accordingly, in my judgment, the charterers’ obligation was to nominate a berth which the vessel could reach on arrival and they are in breach of that obligation if they are unable so to do.


我想,依照一般的常识,假如一个功德的第三者用这种方法问询两个商人:当船只陈述已抵达了引水站,她是否应算已抵达了Lourenco Marques马布托港呢?在这种景象下,他们会答到:‘是的,她已抵达那里’,虽然该轮还未进入该港的商业区域范围内。.



3.457 The judge also pointed out that, in some cases, of which the present one was an example, a breach might arise without the fault of either party, but nevertheless even in those circumstances, as a matter of construction, the clause provided that loss of time should fall on the charterers and not the owners.


3.458 Later in his judgment, he went on to consider when the charterers’ liability ended. On the day when the ship was able to cross the bar, she began to move at 0130, anchored again at 0400 within the port and gave notice of readiness at 1100. The charterers argued that, even if the judge was against them on the principal issue, nevertheless their liability should not extend beyond 0400, when the vessel re-anchored to await a berth. However, on this point the judge also ruled against them, holding that the owners had not unreasonably delayed before giving notice, but, he continued:

I am not saying that if in another case it could be shown that the owners or the master has wrongly delayed giving notice of readiness the position might not be otherwise. That does not arise in the present case.

Roskill J therefore concluded that the President Brand had been delayed from her arrival at the Pilot Station at 08 00 on 19 April until 1100 on 23 April by the charterers’ failure to procure a berth, reachable on arrival, for which damages for detention calculated at the demurrage rate were payable. From that period, however, there was to be deducted the 2 1/2 hours between 0130 and 0400 on 23 April, during which the ship crossed the bar and moved into port. This was not, said the judge, time which was lost by the charterers’ breach, but time which would have been occupied in any event coming into port had the vessel not been held up at the bar.



因而,Roskill法官下结论说:由于承租人未能获取一个使船只一到即靠泊的泊位,导致了该轮4月19日0800抵达引水站直到4月23日1100之间发作推迟,这种滞期推迟丢失应按滞期费率核算和付出。但是,从这段时刻,4月23日0130至0400之间应扣除2. 5小时,由于在这期间该轮是在经过浅滩进港。法官说,这不是承租人违约形成的时刻丢失,但,无论怎样,这段2.5小时的时刻都是船只要进港本应花费的时刻,假如船只并没有被浅滩阻滞的话。

① 凡本网注明“服务网CNSS”的信息著作(包含文字、图片等著作,下同),版权均归于服务网一切,任何单位或个人如偶有转载、摘编和宣布本网信息著作,请注明“来历:服务网CNSS”。如需求经常性转载、摘编和宣布本网信息著作,请事前与本网联络。

② 凡本网注明“来历:XXX(非服务网CNSS)”的著作,均转载自其他媒体,转载意图在于传达更多信息,不为其版权担任。假如您发现网站上有侵略您的常识产权的著作,请与咱们取得联络,咱们会及时修正或删去。

m88 188bet uedbet 威廉希尔 明升 bwin 明升88 bodog bwin 明升m88.com 18luck 188bet unibet unibet Ladbrokes Ladbrokes casino m88明升 明升 明升 m88.com 188bet m88 明陞 uedbet赫塔菲官网 365bet官网 m88 help
我来说两句 已有0条谈论,



  • 潮汐表
  • BDI
  • 船只定位
  • 船员模拟考试