The Contract of Affreightment as Expressed in Charterparties and Bills of Lading

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Sweet and Maxwell, 1914 - 473 páginas
 

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Effect of Illegality on a Contract of Affreightment 911
9
Effects of Blockade 11
11
on what principle 1214
12
by what law 1417
14
Evidence of Usage when admissible 1723
17
Printed Forms of Contract 23
23
Alterations in Contract
25
PARTIES TO THE CONTRACT 2667
26
When an Agent binds his Principal 2930
29
When Agent is personally liable as Principal 3033
30
Agent for undisclosed Principal 33
33
Agent for Crown
34
b Broker 3537
35
c Captain
38
Who are bound by Charters 3941
39
c Mortgagor or Mortgagee 40
40
Position of Shipper of Goods on Chartered Ship
41
b Where the Shipper is other than the Charterer 4650
46
c Indorsee from Shipper 5052
50
Incorporation of Charter in Bill of Lading 5256
52
Authority of Master or Broker to sign Bills of Lading 5663
56
1 The ship not being chartered 5859
58
2 The ship being chartered 5963
59
Statutory liability of Persons signing Bill of Lading 64
64
Through Bills of Lading 65
65
REPRESENTATIONS AND UNDER TAKINGS IN THE CONTRACT 6893
68
Ships Class on the Register 7172
71
Ships Tonnage or Dead Weight Capacity 7274
72
Ships Name and National Character 74
74
Whereabouts of Ship and time of Sailing 7577
75
Conditions implied in the Contract 77
77
Undertaking of Seaworthiness 7885
78
Undertaking of Reasonable Dispatch 8591
85
Undertaking by Shipper not to ship dangerous goods without notice 9193
91
LOADING 94153
94
To proceed to a safe port
97
So near as she can safely get 98101
98
Safely 101106
101
Loading under a CharterDuty of Shipowner
107
Where the Ship must be ready to loadWhere
108
Readiness to load 116
116
Notice to Charterers of readiness to load 117
117
Duty of Charterers to furnish Cargo 118122
118
Allerton S S Co v Falk 6 Asp Mar C 287 120
120
Alongside 122
122
Charterers refusal to load 123
123
Loading 124126
124
A full and complete Cargo 126128
126
Broken Stowage 128129
128
Deck Cargo 129
129
Ballast and Dunnage 130
130
Loading and Stevedores 131135
131
THE BILL OF LADING AS
154
Unpaid Vendors Securities
160
Insolvency of Vendee
168
The Transit
174
Notice to stop how given
180
Admiralty Jurisdiction
186
St Katherines Docks 14 M W 794 15 L
192
Restraints of Princes
196
Crundall 14 T L R 256 134
203
Perils of the
210
Pirates Robbers Thieves 216218
216
Leakage Breakage c 218
218
Fire 219
219
Barratry 220222
220
Negligence 222227
222
Article 89A Railway CompaniesCarriage by SeaNegli 227229
227
Jettison
229
Masters power to sell Damaged Goods 248250
247
Masters power of Transhipment 250
248
Masters power of raising Money on Cargo 251
251
Conditions justifying Bottomry
254
App Cas 255 222
255
General Average
256
Jettison of Cargo 258259
258
Sale of Cargo or other sacrifice of its value 260
259
Sacrifice of Ship or Tackle
261
Extraordinary Expenditure by Shipowner 262264
262
Masters duty to collect General Average Con 264
264
Who can sue for General Average Contribution 265
265
Who is liable for General Average Contribution
266
Salvage 267
267
Collision
269
UNLOADING 270282
270
Notice of Readiness to Discharge not required 271
271
Duty of Master as to Delivery at Port of Dis charge 272274
272
Article 125A Goods of different owners mixed and unidenti fiableDelivery 274276
274
Masters power to land or carry on Goods at Common Law 276
276
Statutory Provisions as to Unloading 277282
277
DEMURRAGE 283303
283
Demurrage when payable 285
285
Demurrage how calculated 286290
286
To load or unload in a fixed time 290293
290
Aktieselkabet Argentina v Von Laer 20 T L R 9 202
291
and 133 To load or unloadin reasonable time with customary dispatchas customary 293299
293
Ardan S S Co v Weir 1905 App Cas 501 74 L J P C
294
Who are liable for Demurrage on a Charter 300
300
Who are liable for Demurrage on a Bill of Lading 301303
301
FREIGHT 304339
304
Advance freight 307310
307
Back freight 310
310
Shipowners right to full freight 311
311
Lump freight 313
313
Full freight for delivery of damaged goods or for short delivery 314316
314
Freight pro rata for short delivery 316
316
Freight pro rata for delivery short of destination 317320
317
Amount of freight 320323
320
Freight when payable
324
Time freights in Charters 325328
325
to whom payable
328
The Master 329
329
The Broker
330
The Charterer 331333
331
Assignee of Ship or freight 333
333
Mortgagee of Ship and freight 334
334
by whom payable
336
The Consignee 337
337
Indorsee of the Bill of Lading or person taking delivery under it 338
338
LIEN 340346
340
on what goods
342
how waived
343
how maintained
344
Lien of broker Article 157 Lien by express agreement 345
345
DAMAGES 347357
347
Damages for failure to load under Charter 348353
348
Robinson 2 F F 679 278 280 281
352
Damages for failure to carry safely 353355
353
Dead freight 356
356
Damages for not signing or presenting Bill of
357
Lading SECTION XIII JURISDICTION 358362
358
THE COMMERCIAL COURT 363370
363
Forms of Charters and Bills of Lading 371 372386
371
Customs of British Ports 387403
387
Statutes 404408
404
YorkAntwerp Rules 409411
409
United States Act 1893 Appendix VI Australian New Zealand and Canadian Acts 412418
412
INDEX 419471
419

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Página 404 - Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average...
Página 404 - ... either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.
Página 410 - ... to exercise due diligence properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.
Página 391 - UNPAID SELLER'S LIEN Section 54. WHEN RIGHT OF LIEN MAY BE EXERCISED. (1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes insolvent.
Página 387 - Provided that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part and wholly by the fraud of the shipper or of the holder or some person under whom the holder claims.
Página 406 - X., the wages payable to the master, officers and crew, together with the cost of maintenance of the same, during the extra period of detention in such port or place until the ship shall or should have been made ready to proceed upon her voyage, shall be admitted as general average.
Página 335 - The freight to be paid on unloading, and right delivery of the cargo...
Página 393 - When notice of stoppage in transitu is given by the seller to the carrier, or other bailee in possession of the goods, he must redeliver the goods to, or according to the directions of, the seller. The expenses of such redelivery must be borne by the seller.
Página 405 - Expenses Lightening a Ship when Ashore, and Consequent Damage. When a ship is ashore and cargo and ship's fuel and stores or any of them are discharged as a general average act, the extra cost of lightening, lighter hire and reshipping if incurred and the loss or damage sustained thereby, shall be admitted as general average.
Página 406 - But when the ship is condemned or does not proceed on her original voyage, no storage expenses incurred after the date of the ship's condemnation or of the abandonment of the voyage shall be admitted as general average.

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