by michael | Jun 26, 2017 | Charter Party Cases
Safe port warranty – port of Kashima affected simultaneously with long waves and a force 9 gale – running aground and breaking up – charterers not in breach of safe port warranty The Facts The vessel, a Capesize Bulk Carrier, was ordered on a time charter trip on an...
by michael | Jun 22, 2017 | Charter Party Cases
Hague rules – parties agree to ship fish on an unrefrigerated vessel – ship-owner not liable. The Facts Fresh salted fish was shipped from Glasgow to Genoa. On outturn, the fish was found to be damaged simply because it was too hot at the time of the year chosen....
by michael | Apr 26, 2017 | Charter Party Cases
Limitation – damage to vessel caused by charterers not subject to Convention on the Limitation of Liability for Maritime Claims, 1976. The Facts By charter party on an amended NYPE form, owners chartered their container vessel to the charterers. During the currency of...
by michael | Apr 26, 2017 | Charter Party Cases
Contract formation – agreement to agree not enforceable – shipbuilding contracts. The Facts Teekay Tankers Ltd, incorporated in the Marshall Islands and listed on the New York Stock Exchange, a subsidiary of Teekay Corp, operate a fleet of oil tankers from Vancouver....
by michael | Apr 24, 2017 | Charter Party Cases
Hague Visby Rules – substantial quantity of individual prints and posters packed in a container – not “units” for purposes of limitation The Facts A cargo of posters and prints were loaded on board the vessel at Port Botany, Sydney in a 20 foot general purpose...
by michael | Apr 21, 2017 | Charter Party Cases
Hague/Hague Visby Rules – limitation as applied to containerized frozen fish. The Facts Twelve containers of frozen tuna were shipped on Maersk Tangier on 24 November 2012. The vessel sailed from Cartagena, Spain to Yokohama. En route, at Valencia, nine of the twelve...
