Aktieselskbet de Danske Sukkerfabrikker v. Bajamar CIA Naviera S.A. (The Torenia) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 18 February 1983

Shipowners have burden of proving that cargo loss was not caused by their fault

The vessel Torenia was chartered to carry a cargo of 10,000 tons of sugar from Cuba to Denmark. In the course of this voyage she encountered rough weather conditions of a type which ought to have been and probably were well within the contemplation and expectation of the shipowners and crew as liable to be encountered at some stage during the voyage. There was a major failure of the vessel’s side shell plating, she took in water, began to list, and subsequently sank.