The plaintiff claimed damages from the shipowner for negligence in the carriage of a consignment of goods. He was not able to bring himself within the terms of the 1855 Act but he succeeded on the contract to be inferred from the presentation of the bill of lading and the delivery of the goods against it.
Held: The Court expanded the inferred contract with the master by acceptance of goods under the bill as fully encompassing the rights and obligations of the carrier on the terms of the bill of lading.
Judges:
Bankes, Scrutton and Atkin LJJ
Citations:
[1924] 1 KB 575
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 29 April 2022; Ref: scu.194559