Hamilton v Mendes; 8 Jun 1761

References: 97 ER 787, (1761) 2 Burr 1198, [1761] EngR 56, (1761) 2 Burr 1198, (1761) 97 ER 787
Links: Commonlii
Coram: Lord Mansfield
The daily negotiations and property of merchants ought not to depend upon subtleties and niceties; but upon rules, easily learned and easily retained, because they are the dictates of common sense, drawn from the truth of the case.
This case is cited by:

  • Cited – Homburg Houtimport BV -v- Agrosin Private Ltd (the ‘Starsin’) HL (House of Lords, [2003] UKHL 12, Bailii, Times 17-Mar-03, Gazette 15-May-03, [2003] 2 WLR 711, [2004] 1 AC 715, [2003] 1 CLC 921, 2003 AMC 913, [2003] 1 Lloyd’s Rep 571, [2003] 1 All ER (Comm) 625, [2003] 2 All ER 785, [2003] 1 LLR 571)
    Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill.
    Held: The specific . .