AMRITLAL OJHA & CO., LTD. v. EMBIRICOS.

(1943) 76 Ll L Rep 175

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Charter-party - War - Risk of capture - Refusal to sail-Charter of Greek steamship before outbreak of war for voyages in Far East-Provision in charter "that no voyage be undertaken, and no goods, documents or persons shipped that would involve risk of seizure, capture, repatriation or penalty by rulers or governments" -Ship engaged in carriage of coal on Indian coastal voyages up to middle of November, 1939-Captain then instructed by owners that owing to presence of German raider in Indian Ocean he should refuse to sail with coal or other contraband cargo-Refusal by captain to sail with charterers' coal cargo from Calcutta to Port Okha (Bombay) - Claim by charterers for damages for breach-Evidence of activities of raider indicating that there was in fact no risk of capture -Meaning of "risk"-Whether there was such a risk as changed the character of voyage.