368. Lump sum freight.

If the contract provides for the payment of a lump sum as freight1, the shipowner is entitled to claim this sum provided he delivers any substantial portion of the goods in specie; he need not deliver the whole of them2. It is immaterial whether his failure to deliver the balance is due to the fact that owing to his own fault it was never loaded3, or that it was lost by perils of the sea4, or even that it was lost by circumstances for which the shipowner is responsible5. Where, however, the goods are shipped and no portion of