362. Failure to deliver goods.

Where the shipowner fails to carry the goods to their destination he cannot, in the absence of a contract to that effect1, claim the whole or any portion of the freight2. The cause of his failure is immaterial, whether it is the loss of the goods3 or the abandonment of the ship or voyage4, and whether or not it was due to an excepted peril. The goods may have been lost by perils of the seas5, or have been sold by the master at an intermediate port