Contracts, Shipping Contracts, Shipper Pays Freight On Maritime Contract, 2,

Absent an express or implied contract to the contrary, the default rule in admiralty is that the shipper or consignor pays the carrier’s freight charges.  A contract to change that rule must be consented to by the party the contract names as the freight-payer.  In this case, there was no such contract.  Instead, the charter party between the shipper and plaintiff carrier stated that the shipper would pay freight.  Defendant’s accepting the shipment was insufficient to imply an agreement to pay freight, and since defendant had already paid the seller the freight charge, it was not unjustly enriched.