It has been held that the Shipowner will be liable for the loss of or damage to the goods even if this is due to excepted perils,unless he can prove that he has()proper care of them whilst they were in his custody.
Advance freight must()to the Shipowner even if the goods are lost (by excepted perils) before payment,where they are lost after the due date of payment; nor is it recoverable if the goods are so lost after payment.
()Charterer and Shipowner agreed on instructions which were ambiguous and were misinterpreted in good faith by the master,it was held that the Charterer could not hold the Shipowner liable.
Although the Shipowner may be responsible for the loss or damage to the goods,his liability may be limited()the terms of the contract or the statute.
If the Shipowner agrees to the voyage originally ordered by the Charterer,he is entitled to be paid hire()for the excess period.
If dangerous goods have been thrown overboard by the Shipowner or the master,()can be made liable for their loss.
If the Shipowner has failed to carry out a term of a time charter-party whereby he undertakes to maintain the vessel in a seaworthy state,this only()the Charterer to sue him for damages,and not to repudiate the charter-party.
If the Shipowner agrees to the voyage originally ordered by the Charterer,he is entitled to be paid hire()for the excess period.
Apart from special contract or statute every Shipowner is()a liability akin to that of a common carrier,irrespective of whether the goods were shipped by a Charterer or on a general ship.
If the Shipowner can only show that some part of the damage to the goods was due to a cause within the exception,he must also show how much of the damage is comprised in that part,otherwise he is liable().