References: [1988] 1 Lloyd’s Rep 412
Coram: Mustill LJ
It is the duty of the Master (or his agent) to ensure that the description of the cargo and the condition of the cargo as set out in the bill of lading are accurate before he signs it. It is up to the charterer/shipper how the goods are described in the Mate’s receipts and bill of lading.
This case is cited by:
- Cited – Sea Success Maritime Inc -v- African Maritime Carriers Ltd ComC (Bailii, [2005] EWHC 1542 (Comm), Times 06-Sep-05)
The ship’s master had refused to accept the cargo relying on clause 52 of the standard form charterpraty agreement saying that the cargo had been damaged.
Held: Only if the shippers continued to insist on the description, and the master . .