If,  however,  the  ship's  arrival  at  the  agreed  berth,  or  at  a  usual
berth,  has  been  delayed  by  the  freighter's  act,  whether  by  obstacles
which  he  has  caused,  or  by  his  having  entered  into  other  engage-
ments which  have  the  effect  of  shutting  the  ship  out,  the  freighter
win  be  liable  to  pay  for  that  delay.  He  is  still  bound  to  load  or
receive  delivery  with  reasonable  dQigenoe,  and  if  his  business
arrangements  stand  in  the  way  of  the  work,  he  fails  to  perform
that  obligation.
In  Tillett  v.  Cwm  Avon  Works  (p),  a,  claim  was  made  against

{p)  2  Times  Rep.  675  (1886) ;  and  see  siipra,  a.  626.
762  THE  DELIVEEY.
Sect.  628.    the  consignees  of  the  cargo  for  delay  in  unloading.    No  time  for
unloading  was  fixed  by  the  hill  of  lading.     But  when  the  vessel
arrived  at  the  port  of  discharge,  Port  Talbot,  all  the  berths  were
occupied  by  ships  laden  with  cargoes  belonging  to  the  defendants ;
and  no  berth  was  available  for  a  week  after  the  ship  was  ready  to
discharge.     The  Divisional  Court  held  that  the  defendants  were
liable.     They  were  bound  "  to  unload  vrathin  a  reasonable  time,
and  they  could  not  relieve  themselves  of  their  liability  for  delay
because  they  had  rendered  themselves  imable  through  previous
engagements"  {q).
Belay  caused       On  the  other  hand,  if  the  charterer  expressly  has  the  right  to
of berth^cnT     ii^me  the  dock  or  berth,  for  loading  or  unloading,  he  is  not  liable
dock.  fQp  delay  in  getting  there,  although  he  may  have  caused  that  by

selecting  a  berth  which  was  occupied  by  vessels  of  other  persons.
