The issue of this chapter is When the Laytime Commence. Three conditions:

(1)    an arrival ship

(2)    a valid NOR

(3)    without any special clauses in C/P

 

 

(i)                 a port C/P or a berth C/P? Look at the termini, where agreed as the place “arrived” for the purpose of loading, of the voyage described in C/P[1].

(ii)               under the port C/P, an arrival vessel must be(The Johanna Oldendorrf [1973] 2 Lloyd’s Rep. 285):

a.       in the geographical and legal area of the port;

b.      at the effective dispostion of the charterer, it must be able to proceed to berth as soon as one is available;

c.       or at a usual waiting place within the port unless in some extraordinary ciecumstances proof of which would lie on the charterer.

 

 

A valid NOR is a notice tendered after the ship is actually ready.   The Tres Flores [1973] 2Lloyd’s Rep. 247;

 

(i)                 The readiness of the vessel: must be ready at the moment the charterer wants it, whenever that may be, and any necessary preliminaries on my part to the loading will not be such as to delay the charterer.   -----Lord Denning in The Tres Flores [1973] 2Lloyd’s Rep. 247;

(ii)               The owner have to given a vaild NOR after an invalid one.   Mexico 1 [1990] 1 Lloyd’s Rep. 507;

(iii)             If the NOR is not clearly fraudulent and the charterer want to argue the validity of the NOR, he have to reserve his right.   The Helle Skou [1976] 2 Lloyd’s Rep. 205;

 

 

Time will run subject to the same exception as if laytime had started, not as if laytime had ended.  The Darrah [1977] A.C. 157;

 

 

(i)                  demurrage is a breach which is mere passage of time beyond the perios allowed for loading and discharge.. Shipper or charterer shall take responsbility to his agents or servants’ act, fault or neglect.   Leeds v. Duncan Fox   (Leeds Shipping Co. v. Duncan Fox & Co. (1932) 37 Com. Cas. 213;

(ii)                once on demurrage always demurrage.   The Solon [2000] 1 Lloyd’s Rep. 292; 

(iii)               the owner can be recovered more than demurrage if the charterer had delayed so long beyond the laytime that the charterer’s breach had gone to the root of the contract.  Universal Cargo Carriers v. Citati [1957] 2 Q.B. 401;

 

---