International Trade Law

Charterparty Cases

Asfar v Blundell [1896] 1 Q.B. 123

Key Points

• “Perished goods”, for the purposes of Sections 6 and 7 of the Sale of Goods Act 1979 refers to the destruction of the merchantable character of the goods.
• Freight is not payable in respect of goods whose merchantable nature has been altered so that the goods no longer correspond to their mercantile description.

Facts

• A ship, on board with dates shipped under bills of lading which made the freight payable on right delivery, was sunk during the course of the voyage, and subsequently raised. On arrival at the port of discharge, it was found that although the dates still retained the appearance of dates and were of considerable value for the purpose of distillation into spirits, they were so impregnated with sewage and in such a condition of fermentation as to be no longer merchantable as dates.
• The shipowner brought a claim for freight.