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J I MacWilliam Company Inc v Mediterranean Shipping Company SA; The “Rafaela S”: HL 16 Feb 2005

A US company bought a printing machine and ancillary equipment on CIF terms from an English company. The sellers consigned the goods to the buyers. The carriers were a container liner operator and the demise charterers of the vessels ‘Rosemary’ and ‘Rafaela S’. The goods were shipped from Durban aboard the ‘Rosemary,’ as evidenced by … Continue reading J I MacWilliam Company Inc v Mediterranean Shipping Company SA; The “Rafaela S”: HL 16 Feb 2005

Gosse Millard v Canadian Government Merchant Marine: 1927

Wright J said of the Hague Rules: ‘These Rules, which now have statutory force, have radically changed the legal status of sea carriers under bills of lading. According to the previous law, shipowners were generally common carriers, or were liable to the obligations of common carriers, but they were entitled to the utmost freedom to … Continue reading Gosse Millard v Canadian Government Merchant Marine: 1927

Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another: CA 3 Apr 2003

The carrier had loaded the cargo on the ship’s deck, despite a clause requiring it to be stowed in a hold. The charterparty sought to use the breach to remove the carrier’s limit of liability. The older form of Hague rules applied. Held: It was not yet decided that the wharehouse and deviation case law … Continue reading Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another: CA 3 Apr 2003

J I MacWilliam Co Inc v Mediterranean Shipping Company S A, “The Rafaela S”: CA 16 Apr 2003

Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination. Held: The contract was a straight bill of lading. A straight bill of lading requires delivery of the goods to the named consignee … Continue reading J I MacWilliam Co Inc v Mediterranean Shipping Company S A, “The Rafaela S”: CA 16 Apr 2003

Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001

The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a demand. An assertion of a formal right was required. A … Continue reading Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others: HL 27 Mar 2001

Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018