What must be done if cargo is damaged by inherent defects or accidents?

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When considering the responsibilities of charterers in the event that cargo is damaged due to inherent defects or accidents, it is essential to understand the contractual obligations inherent in maritime commerce. Charterers cannot abandon the cargo and avoid paying freight, as such an action would violate the terms of their contract with the shipowner.

Inherent defects refer to conditions that are naturally part of the cargo itself, and accidents could range from unforeseen circumstances that occur during transport. Regardless of the occurrence of these damages, the charterer remains obligated to fulfill their payment duties, including freight charges, unless there are specific contractual stipulations that allow for exceptions. This principle upholds the integrity of maritime contracts and ensures that all parties adhere to their agreed-upon responsibilities.

By insisting that charterers cannot simply walk away from their obligations when the cargo suffers damage, the maritime legal framework fosters stability and trust among stakeholders, requiring that risks—whether inherent or accident-related—be managed within the confines of the contract rather than through abandonment.

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