Kelso Enterprises Ltd. v. LauritzenCool AB (The “St. Lucia”) – SMA No. 4208, 1 May 2013

COA -- SEAWORTHINESS -- CARGO DAMAGES -- INDEMNITY -- Owner Award Charterer seeks market damages due to a one week delay in cargo delivery because of Vessel repairs. Owner rejects the Charterer’s damages claim on the basis that the Charterer sold the cargo under a CIF contract (title and risk of loss to the cargo is transferred when the cargo passes the ship’s rail at the loadport) and is therefore not the injured party.