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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Dalrymple v Messrs Johnston and Others, Underwriters in Glasgow. [1600] 5 Brn 506 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050506-0535.html
Cite as: [1600] 5 Brn 506
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[1600] 5 Brn 506
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 LEX MERCATORIA.
Captain Dalrymple
v.
Messrs Johnston and Others, Underwriters in Glasgow
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Right to freight commences so soon as goods are put on board. This right is not altogether dependant upon the arrival of a ship at her port of destination. Neither is it dissolved by shipwreck, unless the goods are totally lost; for then no freight is due ; and it is to insure against this event that it is usual to insure a freight. But, if any of the goods are saved, freight is due pro rata.
See Arat Hamilton, &c. against Morison and Company, merchants in Greenock, determined 10th February 1778, below.
Freight is the consideration paid to the owner of a ship for carrying goods from one port to another. It is, therefore, only on delivery of the goods at the destined port that freight can, strictly speaking, be due. And if, during the voyage, the vessel is wrecked, and the goods lost, or so much damaged as to be totally abandoned by the owner, no freight will be due.
The electronic version of the text was provided by the Scottish Council of Law Reporting