THE "ARDENNES."

(1950) 84 Ll.L.Rep. 340

KING'S BENCH DIVISION.

Before Lord Goddard (Lord Chief Justice).

Carriage of goods by sea-Deviation resulting in delay in arrival-Loss of market -Increase in import duty-Measure of damages-Agreed term at variance with bill of lading-Admissibility of evidence of true contract-Collateral warranty-Shipment of mandarines by plaintiffs from Carthagena to London in defendants' steamship-Oral promise by ship's agent that ship would proceed direct to London-Parties aware of importance of arrival by specified date, and that delay would result in increased import duty and loss of market-"Received for shipment" bill of lading issued by defendants containing clause that The owners are to be at liberty to carry the said goods to their port of destination, by the above or other steamer, or steamers, ship or ships or railway, either belonging to themselves or to other persons, proceeding by any route, and whether directly or indirectly to such port, and in so doing to carry the goods beyond their port of destination, and so tranship or land and store the goods either on shore or afloat and reship and forward the same at the owner's expense but at merchant's risk.

Ship ordered by owners to proceed first to Antwerp-Late arrival at London, resulting in plaintiffs having to pay increased import duty and loss of market-Admissibility of evidence of promise made by ship's agent that ship would proceed direct to London- Delivery of mandarines taken by plaintiffs on arrival, freight being paid -Whether evidence of waiver of plaintiffs' claim-Matters to be taken into account in assessing damages for loss of market.