SUISSE ATLANTIQUE SOCIETE D'ARMEMENT MARITIME S.A. v. N.V. ROTTERDAMSCHE KOLEN CENTRALE

[1966] 1 Lloyd's Rep. 529

HOUSE OF LORDS

Before Viscount Dilhorne, Lord Reid, Lord Hodson, Lord Upjohn and Lord Wilberforce

Charter-party-Consecutive voyages-Detention-Alleged fundamental breach-Delays by charterers in loading and discharging cargoes preventing vessel performing more voyages in charter time-Whether shipowners entitled to damages (less demurrage payments) for loss of further freights-Effect of deliberate breach by charterers-Whether payments of demurrage by charterers precluded shipowners from recovering further damages-Whether demurrage clause was an exceptions or limiting clause which was not applicable because of fundamental breach-Consideration of fundamental breach and breach of fundamental term.