Failure to take delivery of his cargo within the time fixed by the contract is excused in two cases only.
One is where the delay is attributable to the negligence or default of the shipowner1. Thus, the shipowner has no claim against the consignee where the shipowner wrongfully refuses to deliver the cargo2, or is prevented from doing so by some other cause for which he is responsible3. But there must be default4; if the cause of the delay is beyond the shipowner's responsibility, the consignee is responsible, whether at fault or not5. In accordance with the same principle there
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