A Finnish vessel had been ordered to load in Duluth, Minnesota, where Mr de Chambeau, an employee of charterers’ stevedores was injured while on board. He had left his proper place for purposes unconnected with his work, but owners were liable to him under Minnesota law on the ground that the part of the ship where he had gone lacked fencing. The owners were, it seems, in breach of Finnish law in this respect, but that was expressly disregarded as being irrelevant. Donaldson J nonetheless agreed with the umpire that owners’ indemnity claim failed because ‘what connected the accident with, and gave rise to, a potential liability and an actual loss was the provisions of Minnesota law’. There was lacking ‘the necessary causal connection between the order to load and the loss’
Donaldson J said of clause 13 in the Baltime charter: ‘The indemnity afforded by this clause is clearly wide enough to cover loss incurred by reasonable settlement.’
Judges:
Donaldson J
Citations:
[1969] 2 Lloyds Rep 52, [1969] 1 WLR 1098
Cited by:
Cited – Total Transport Corporation v Arcadia Petroleum Ltd (‘the Eurus’) CA 18-Nov-1997
Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been reversed, and they now appealed against that order. The parties disputed whether the amount was an award of . .
Cited – Petroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’) SC 2-May-2012
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The . .
Lists of cited by and citing cases may be incomplete.
Contract, Transport
Updated: 04 May 2022; Ref: scu.462283