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

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W. Clowes and Sons, 1886 - 325 páginas
 

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Printed Forms of Contract 19
19
Alterations in Contract
20
PARTIES TO THE CONTRACT 2148
21
When an Agent binds his Principal
24
When Agent is personally liable as Principal 2527
25
Agent for undisclosed Principal
27
Classes of Agents 2831
28
b Broker 29
29
c Captain 30
30
Who are bound by Charters 3133
31
b Purchaser
32
Position of Shipper of goods on Chartered Ship 3339
33
b Where the Shipper is other than the Charterer 3638
36
c Indorsee from Shipper 38
38
Incorporation of Charter in Bill of Lading 3941
39
Authority of Master or Broker to sign Bills of Lading 4145
41
1 The Ship not being chartered
43
Statutory liability of Persons signing Bills of Lading
46
REPRESENTATIONS AND UNDER TAKINGS IN THE CONTRACT 4966
49
Ships class on the Register
52
Ships Name and National Character
53
Conditions implied in the Contract 55
55
Undertaking of Seaworthiness 5660
56
Undertaking of Reasonable Despatch 6165
61
Undertaking by Shipper not to ship dangerous goods without notice 65
65
LOADING 67113
67
A safe port
69
So near as she can safely get 7072
70
Safely 7277
72
Loading under a Charter Duty of Shipowner
77
The place where the carrying voyage is to begin 7882
78
Readiness to load
82
Notice to Charterers of readiness to load
83
Alongside
87
Loading 8890
88
A full and complete Cargo 90
90
Broken Stowage 91
91
Deck Cargo 92
92
Ballast and Dunnage 93
93
Loading and Stevedores 9496
94
Mates receipt 9799
97
Shipped in Good Condition Quantity and Quality unknown 99100
99
Cesser Clause 101
101
Demurrage and Cesser Clause 102113
102
THE BILL OF LADING AS A DOCUMENT OF TITLE 114144
114
Effects of Indorsement 115
115
Effects by Mercantile Custom 116
116
Intention to Transfer the whole Property 117
117
Unpaid Vendors Securities
118
Reservation of Jus Disponendi
119
Stoppage in Transitu 123
123
Who may Stop in Transitu 124
124
Insolvency of Vendee 125
125
Position of Indorsee
141
LIABILITY OF SHIPOWNER FOR LOSS OF OR DAMAGE TO GOODS CARRIED 145170
145
Exceptions in the Contract of Affreightment 149154
149
Act of God
155
Queens Enemies
156
Perils of the Seas 158161
158
Collision
162
Pirates Robbers Thieves
163
Fire
164
Barratry 165
165
Negligence 166168
166
Jettison
168
Who can sue for failure to carry Goods safely 169
169
Who can be sued for negligent carriage of the Goods
170
THE VOYAGE 171200
171
Masters authority on the Voyage 172
172
Masters authority whence derived
174
Communication with Owners 175
175
Masters duty to proceed without deviation 177
177
Masters authority to delay or deviate in case of Necessity 178180
178
Masters duty to take care of Goods 180
180
Masters power to sell Damaged Goods 181
181
Masters power of Transhipment 182184
182
Masters power of raising Money on Cargo
184
Bottomry 185
185
Conditions Justifying Bottomry 186
186
Jettison
187
Classes of General Average Loss
189
Cargo damaged by Fire
191
Sacrifice of Freight
193
Expenses in Port of Refuge 194
194
Masters duty to Collect General Average Con tribution 195
195
Who can Sue for General Average Contribution 196
196
Who is liable for General Average Contribution
197
Salvage 198
198
Collision 199
199
UNLOADING 201208
201
Duty of Master as to Delivery at Port of Dis charge 202
202
Masters Power to Land or Carry on Goods at Common Law
204
Statutory Provisions as to Unloading 205208
205
DEMURRAGE 209218
209
Who are liable for Demurrage on a Charter 216
216
Advance freight 222225
222
Full freight for delivery of damaged goods or
228
Freight when payable
236
Freight by whom payable 244247
244
Lien on what goods
250
Lien how waived
251
Dead freight 259261
259
Customs of British Ports 272284
272
Statutes 285292
285
Appendix IVGeneral Average 293
293

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Página 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...
Página 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...
Página 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.
Página 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).
Página 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.
Página 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...
Página 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.
Página 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...
Página 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...
Página 262 - People, by explosion, bursting of boilers, breakage of shafts or any latent defect in hull, machinery or appurtenances, by collisions, stranding or other accidents of navigation of whatsoever kind...

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