The time limit of one year contained in Article III rule 6 applied to a claim for failure to carry under deck; the package limit in Article IV rule 5 was not inherently different. Whatever may be the position with regard to deviation clauses strictly so called, which should be assimilated into the ordinary law of contract, there was no reason for regarding the unauthorised loading of deck cargo as a special case.
Judges:
Lloyd LJ, Glidewell and O’Connor LJJ
Citations:
[1987] 1 Lloyds Rep 24
Statutes:
Jurisdiction:
England and Wales
Contract, Transport
Updated: 28 April 2022; Ref: scu.181087
