Full text: Neues Archiv für Handelsrecht (Bd. 3 (1862))

206 7. Zur Lehre vom Frachtcontract nach engl. Recht.
2. Chitty, Treatise on the laws of Commerce
and Manufactures. Vol. III, pag. 414.
“. . and though contracts of this nature are fre-
quently entire and indivisible, and the master or
owner of the ship cannot from the nature of them
sue thereon and recover even freight pro rata itineris,
yet he may do so upon a fresh implied contract for
as much as he deserves to have. A fresh implied con-
tract arises upon the owner’s or consignee’s acceptance
of the goods.”
3. Holt, System of the Shipping and Naviga-
tion Law of Great Britain. Vol. III, pag. 134.
“ The contract for the conveyance of merehandise
is in its nature an entire contract; and accordingly un-
less it be completely performed by the delivery at
the place of destination, the merchant is not.bound to
pay freight.”
pag. 137.
“It may therefore be assumed as a general rule
and principle, that if the complete Service is not ren-
dered, no freight is due and recoverable, unless the
completion of the voyage be prevented by the freigh-
ter’s own act, or with his consent by himself or agents.
But if the freighter himself or his agents or con-
signee dispense with the performance of the voyage
and accept the cargo at any other place, the freight
will be due.”
pag. 138.
“It is nothing for the master to urge, that he was
not in fault, but was hin dered by misfortune or even
absolute necessity from the performance. From what-
ever cause the failure proceeded, the specific act
agreed upon is not done, and therefore the freighter
is not bound to pay for it. If by the misfortune of
the master, the misfortune is his, and he alone must
suffer it; if by his fault, he pays for his fault.”

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