Where, without lawful excuse, the voyage-charterer fails to provide the specified cargo, he is liable in damages to the shipowner. Such damages are unliquidated1, and their measure2 is loss of profit3: namely, the estimated amount of freight which would have been earned if the charterer had provided the cargo4, less an allowance for the expenses which would have been incurred in earning it5. There is no bar on the claim extending to the time after the voyage would have finished, if the shipowner has suffered loss of earnings during that period: but such losses must be proved
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