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Thus, the defendants have failed to demonstrate any undue prejudice as a result of the delay in calling the charter party to their attention. In order to invoke the doctrine of laches, the defendants must show a reasonable delay and resulting undue prejudice. In this case, the defendants have not met this burden.
The defendants have not demonstrated that the delay in calling the charter party was unreasonable in light of the circumstances. Prior to the accident, plaintiff was informed that the freight rate for the charter had been raised from $2.81 per barrel to $3.83 per barrel. The defendants contend that they were prejudiced by the delay in that BNI paid the increased rate for the charter and that they were unable to profitably resell the fuel to other customers. This change in the rate was noted in a bulletin dated November 27, 1980, which was received by plaintiff at the time of the accident. (Defendants' Exhibit 13). Thus, the stevedore was aware of the problem and the increase in the freight rate. Cf. West Wind Africa Line, 834 F.2d at 1234 (stevedore knew of claim for repairs almost a year before it was called to plaintiff's attention). Moreover, the defendants produced no evidence that the amount of freight charged on the charter party was sufficient to cause them any detriment or to excuse them from liability. Cf. Mecom Levingston Shipbuilding Co., 622 F.2d at 1215 (stevedore knew of claim in advance and by change in rate to which it was contractually bound was able to avoid paying charter party rate); cf. also West Wind Africa Line, 834 F.2d at 1234 (stevedore was able to use charter party as basis for chargeback for repairs).
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The MK-1 has been fielded with the 3rd Marine Aircraft Wing (MAW) since 2012. The Marines tested the MK-1 in Southern California during 2013 and 2014.
The MK-1 has a number of capabilities that make it suitable for a variety of missions.
The MK-1 can fly for up to two hours with a payload of up to 275 pounds, and has a range of two miles.
The MK-1 is an autonomous system that can be controlled remotely from a ground control station, or it can be flown manually from the MK-1’s pre-loaded mission plan. An on-board camera can be used to provide real-time video to the operator or ground control station.
The MK-1’s 4-rotor motor provides a low forward speed that allows the vehicle to fly low to the ground and stay out of the line of sight of potential threats. 827ec27edc