The plaintiffs brought an action against the defendants for non-delivery of goods shipped under a bill of lading containing the usual exceptions, but not excepting negligence. The goods had been damaged by sea water through the stranding of the vessel, and the defendants claimed exemption from liability on the ground that the loss was occasioned by perils of the sea; but the President (Sir F. H. Jeune) ruled that in order to excuse themselves for the damage to the goods it lay on the defendants to shew, not only a peril of the sea, but a peril of the sea not occasioned by their negligence.
Held: that as the loss apparently fell within the exception, the burden of shewing that the defendants were not entitled to the benefit of the exception, by reason of negligence, lay upon the plaintiffs.
Lord Esher Mr, Lopes and Davey, LJ j
[1894] P 226, [1894] UKLawRpPro 9
Commonlii
England and Wales
Cited by:
Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Not good law – 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 . .
Lists of cited by and citing cases may be incomplete.
Contract, Transport
Updated: 01 December 2021; Ref: scu.238571