Mardorf Peach & Co Ltd v Attica Sea Carriers Corp of Liberia (The Laconia)

A payment made by bank transfer is made when the funds are unconditionally at the disposal of the payee, and acceptance by the payee's bank as agent can amount to payment.

Citation
[1977] AC 850
Court
House of Lords
Year
1977
Subject
Banking and Finance Law
Topic
Payments, mandates and the Quincecare duty

Facts

Under a charterparty, hire for a ship was payable in advance in cash, and the owners were entitled to withdraw the ship if payment was not made on time. The charterers paid the hire one day late, by transfer to the owners' bank. The owners immediately instructed their bank to return the money, and withdrew the ship. The charterers argued that the owners had waived the late payment because their bank had accepted it.

Legal principle

The House of Lords held that the owners were entitled to withdraw the ship. The court said that the owners' bank had only a limited authority to receive payments, and did not have authority to accept late payment so as to waive the owners' right of withdrawal. The bank's processing of the payment, while the owners were deciding what to do, did not amount to acceptance. The case is important for the law on payment by bank transfer in commercial contracts and on the strict enforcement of withdrawal clauses.

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