The claimants sought to have incorporated by notice into a contract of bill of lading, the terms of a freight surcharge. Notice had been given to the shipping agents in Hong Kong only. The shippers claimed the surcharge under the 1992 Act, saying the defendants inherited the notice from their shipping agents. The first court held that the parties were parties to the contract along with their agents.
Held: The company had not done enough to give notice to incorporate the surcharge within the contract. Appeal dismissed.
Judges:
Lord Justice Ward Lord Justice Kay And Lord Justice Rix
Citations:
[2001] EWCA Civ 1862
Links:
Statutes:
Carriage of Goods by Sea Act 1992 3
Jurisdiction:
England and Wales
Citing:
Cited – Parker v South Eastern Railway Co CA 1877
The plaintiff took a parcel to a railway company depot for delivery, and received a ticket on which were printed conditions including a disclaimer. On the front of the ticket were printed the words ‘see back’. The jury was asked only if they . .
Cited – Hood v Anchor Line (Henderson Bros) Ltd HL 1-Jul-1918
An English court may exercise its jurisdiction in personam over the liquidator to enforce the contract between the chargee and the company, and may require the liquidator to pay the proceeds to the chargee, The Scottish courts did not recognise the . .
Cited – Thornton v Shoe Lane Parking Ltd CA 18-Dec-1970
The claimant had suffered damage at the defendant’s car park. The defendant relied upon an exemption clause printed on the ticket, and now appealed against rejection of its defence under the clause.
Held: The appeal failed. The more extreme an . .
Lists of cited by and citing cases may be incomplete.
Contract, Agency
Updated: 25 November 2022; Ref: scu.167838