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The Contract of Affreightment as Expressed in Charterparties and Bills of Lading
Sir Thomas Edward Scrutton
Obegränsad förhandsgranskning - 1886
absence action advance agent agreement allowed amount arrival Article authority average Bank bill of lading Bing bound breach Brett Camp captain cargo carry caused charges claim clause common condition consignee contained contract Court custom damages delay delivered delivery demurrage discharge duty East effect entered entitled evidence exception expense express fact freight give given Held indorsement Insurance L. J. Ex landed liable lien loading London Lord loss lost master means merchants Moore named navigation necessary negligence notice ordinary owner paid particular parties pass payable payment perils person port possession practice prevented principle proceed proved question ready reasonable receive risk safe sailing ship was chartered ship's shipowner shipper signed steamer stipulation taken transit unless unloading usual vendor vessel vide supra voyage wharf
Sida 284 - Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales...
Sida 252 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation...
Sida 148 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Sida 283 - Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods, as if the contract contained in the bill of lading had been made with himself (V).
Sida 264 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void.
Sida 284 - Goods, Merchandise, or other Things whatsoever on board any other Ship or Boat ; be answerable in Damages in respect of Loss of Life or personal Injury, either alone or together with Loss or Damage to Ships, Boats, Goods, Merchandise, or other Things, to an aggregate Amount exceeding Fifteen Pounds for each Ton of their Ship's Tonnage...
Sida 287 - ... in payment of the amount claimed by the shipowner as due for freight or other charges in respect of the said goods ; and the surplus, if any, shall be paid to the owner of the goods.
Sida 152 - Hull (the act of God, the Queen's enemies, fire and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever, save risk of boats so far as ships are liable thereto...
Sida 269 - ... not resulting, however, in any case, from want of due diligence by the owners of the ship or any of them, or by the ship's husband or manager...