Demurrage - Law Dictionary Search Results
Home Dictionary Name: demurrageDemurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
Demurrage charges
Demurrage charges, Demurrage charges are levied in order to ensure quick clearance of the cargo from the harbour. They are always fixed in such a way that they would make it unprofitable for importers to use the port premises as a warehouse, Board of Trustees of Port of Bombay v. Jai Hind Oil Mills Co., (1987) 1 SCC 648: AIR 1987 SC 622: (1987) 1 SCR 932....
Demorage
Demurrage...
Demurrage
The detention of a vessel by the freighter beyond the time allowed in her charter party for loading unloading or sailing...
Charter-party
Charter-party [fr. Charta partita, Lat., a divided charter; charte partie, Fr.]. When notaries were less common there was only one instrument made for both parties; this they cut in two, and give each his portion; an agreement in writing by which a ship owners agrees to let an entire ship, or part thereof, to a merchant, for the carriage of goods on a specified voyage, or during a specified period, for a sum of money which the merchant agrees to pay as freight for their carriage. By such an agreement the ship is said to be chartered to the merchant, who is called the charter. There are certain terms usually to be found in all charter-parties, e.g., a statement of the burthen of the ship, an undertaking by the ship-owner that the ship, being seaworthy and furnished with necessaries, shall be ready by a certain day to receive the cargo, shall sail when loaded, and deliver her cargo at her port of destination (the act of God or the King's enemies excepted), the charterer undertaking to lo...
Lay days
Lay days, running or consecutive days; a term used as to the time of loading and unloading ships, etc. see DEMURRAGE....
Wharfage
Wharfage, money paid for landing goods at a wharf, or for shipping and taking goods into a boat or barge thence. Raichand Amulakh Shah v. Union of India, AIR 1964 SC 1268; see London County Council v. General Steam Nav. Co. Ltd., (1907) 97 LT 863; and Harbours and Clauses Act, 1847, and Port of London (Consolidation) Act, 1920, supra.It means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal. [Railways Act, 1989, s. 2 (41)]As the wharfage and demurrage are charges in respect of goods unloaded from wagons and kept at the station, and also in respect of goods kept on platforms of the station, the said charges could certainly be described as charges in respect of the station, Raichand Amulkah Shah v. Union of India, AIR 1964 SC 1268 (1271): (1964) 5 SCR 148. [Railways Act, 1890, s. 3(14)]1. The fee paid for landing, loading or unloading goods on a wharf2. The accommodation for loading or unloading goods on a wharf, Black's...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial