AUSTRALIAN STEAMSHIP PROPRIETARY, LTD. v. JOHN LEWIS & SONS, LTD.

(1933) 47 Ll.L.Rep. 132

KING'S BENCH DIVISION.(DIVISIONAL COURT.)

Before Lord Hewart (Lord Chief Justice), Mr. Justice Avory and Mr. Justice Lawrence.

Shipbuilding - Contract - Guaranteed draught and deadweight capacity- Breach-Claim by shipowners against shipbuilders for damages-Arbitration - Award that the shipbuilders were liable to shipowners for damages in respect of (1) excess draught (2) deficiency in deadweight capacity; that in estimating the probable loss resulting from (1) regard must be had to the probable cost of reducing such excess draught to the guaranteed draught for the estimated effective life of the vessel; that in estimating the probable loss resulting from (2) regard must be had to the probable loss of net freight for the estimated life of the vessel; and that in both cases there must be considered such contingencies as the loss of the vessel, or her sale or lack of employment - Submission by shipbuilders of evidence of vessel's actual working subsequent to delivery -Admissibility