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Question

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A, ship owner, contracts with B to convey him from Kolkata to Sydney in As ship, sailing on the first of January, and B pays to. A, by way of deposit, one-half of his passage-money.
The ship does not sail on the first of January, and B, after being, in consequence, detained in Kolkata, for sometime, and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loss a sum of money. Is A liable to pay anything to B ?

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Solution

Solution: Section to which the given problem relates: Section 73.
Decision and Reason: A is liable to repay to B deposit with interest, and the expenses to which he is put by his detention in Kolkata, and the excess, if any, of the passage money paid for the second ship over that agreed upon for the first, but not the sum of money which B lost by arriving in Sydney too late.

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