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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Contenido

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
Northmoor S S Co v Harland Wolff 1903 2 Ir Rep 657
18
Printed Forms of Contract 23
23
Alterations in Contract
25
PARTIES TO THE CONTRACT 2667
26
Jackson 7 Ex 382 21 L J Ex 137 27 28
27
When an Agent binds his Principal 2930
29
When Agent is personally liable as Principal 3033
30
Lopes 10 East 526 317 319
31
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
Gibb 11 Q B D 797 52 L J Q B 538 48 L
48
c Indorsee from Shipper 5052
50
Incorporation of Charter in Bill of Lading १ 5256
52
Authority of Master or Broker to sign Bills of Lading 5663
56
Jescott Steamers 1 Com Cas 135 11 T L R 539 8 190
57
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
Notting Hill The 9 P D 105 53 L J Ad 56 51 L T
66
REPRESENTATIONS AND UNDER TAKINGS IN THE CONTRACT 6893
68
Ajum Goolam v Union Marine Co 1901 App Cas 362
70
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 7778
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 the Charterer is bound to load 108116
108
Readiness to load 116
116
Notice to Charterers of readiness to load 117
117
Duty of Charterers to furnish Cargo 118122
118
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
Mates receipt 135138
135
Shipped in Good Condition Quantity and Quality unknown 138140
138
Cesser Clause 141143
141
Demurrage and Cesser Clause 143153
143
Van Haansbergen 1 Q B D 269 45 L J Q B 495
145
THE BILL OF LADING AS A DOCUMENT OF TITLE 154189
154
Effects of Indorsement 156
156
Effects by Mercantile Custom 157
157
Intention to transfer the whole Property 158160
158
Unpaid Vendors Securities 160
160
Reservation of Jus Disponendi 161
161
Conditional Indorsement 162165
162
Castel Latta v Trechman 1 C E 276 99 100 244 319
163
Stoppage in transitu 165
165
Who may stop in transitu 167
167
Insolvency of Vendee
168
Against whom the Right may be exercised 169170
169
Indorsement of Document of Title and Stoppage 171173
171
The Transit 174175
174
When the Transit ends 175180
175
Notice to stop how given 180
180
Masters Duty on receiving notice
181
Ineffectual Indorsements 183
183
Bills of Lading Act 184
184
Position of Indorsee 185
185
Admiralty Jurisdiction Act 186189
186
LIABILITY OF SHIPOWNER FOR LOSS OF OR DAMAGE TO GOODS CARRIED 190232
190
Effect of Excepted Perils 195205
195
Craggs 7 Com Cas 7 86 L T 388 9 Asp M С 296
203
Article 80Act of God 205
205
Kings Enemies 206
206
Restraints of Princes 207210
207
Perils of the Sea 210215
210
Strikes 215
215
Pirates Robbers Thieves 216218
216
Who cansue for failure to carry Goods safely 231
231
Who can be sued for negligent carriage of the Goods
232
THE VOYAGE 233269
233
Masters authority on the Voyage 234236
234
Masters authority whence derived
236
Communication with Owners 237240
237
Masters duty to proceed without deviation 240243
240
Masters authority to delay or deviate in case of Necessity 243245
243
Masters duty to take care of Goods 245247
245
Masters power to sell Damaged Goods 247
247
Masters power of Transhipment 248250
248
Bernina The 13 App C 1 58 L T 423 6 Asp Mar C 257
249
Masters power of raising Money on Cargo 250
250
Bottomry 251
251
Wood 6 Q B 50 19
252
Conditions justifying Bottomry 253
253
Jettison
254
App Cas 255
255
Classes of General Average Loss
256
Cargo damaged by Fire 258259
258
Sale of Cargo or other sacrifice of its value
259
Sacrifice of Ship or Tackle 260
260
Sacrifice of Freight
261
Expenses in Port of Refuge 262264
262
Masters duty to collect General Average Con tribution 264
264
Who can sue for General Average Contribution
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
Montgomerie 17 C B N S 379 34 L J C
279
DEMURRAGE 283303
283
Demurrage when payable 285
285
Demurrage how calculated 286290
286
56
287
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
Castlegate Co v Dempsey 1892 1 Q B 854 61 L J Q
295
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
Saunders M M 208 3 M R 4
306
Advance freight 307310
307
Back freight 310
310
Shipowners right to full freight 311
311
Murray 5 Com Cas 312
312
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
Tatem 83 L T 121 9 Asp M C 127
327
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
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 Lading
357
JURISDICTION 358362
358
Presgrave 1 East 220 254 260 262
361
THE COMMERCIAL COURT 363370
363
Forms of Charters and Bills of Lading
371
Customs of British Ports 372386
372
Statutes 387403
387
YorkAntwerp Rules 404408
404
United States Act 1893 409411
409
Australian New Zealand and Canadian Acts 412418
412
INDEX 419471
419
19 110
436
Annie The 12 P D 50 56 L J Ad 70 56 L T 500 35
445
Gross 32 L J Q B 129 3 B S 566 7 L
465

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Página 414 - Act or omission of the shipper or owner of the goods, his agent or representative.
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 405 - When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably drive on shore or on rocks, no loss or damage caused to the ship, cargo and freight or any of them by such intentional running on shore 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 416 - America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel...
Página 405 - When a ship shall have entered or been detained in any port or place in consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety...
Página 405 - But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as general average.
Página 415 - ... 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 394 - insolvent" within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state...
Página 88 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.

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