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Published online by Cambridge University Press: 16 January 2009
8a I am told by a practitioner in the Commercial Court that the validity of the basis of this plea in contract is open to serious question. For historical reasons the form of the charterparty assumes a delivery of the vessel to the charterers, but in actual fact, according to modern practice, the ship is not delivered to the charterers, so that the phrase “re-delivery to owners (unless lost) … in same good order and condition …” is probably meaningless.
9 [1920] A. C. 466.