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Cargo damage caused by fault of both shipowners and charterers - Liability for damage

The vessel was chartered for the carriage of general cargo and containers. Much of the general cargo was made up of granite block and steel which was bottom stowed, thereby making the ship quite stiff. The ship encountered rough weather with winds up to Force 8. She rolled and pitched heavily. When the cargo was discharged it was found that a number of containers were damaged, the immediate cause being the stresses put upon the container stow as a result of the rolling and pitching.