by michael | Feb 18, 2018 | Charter Party Cases
“Actual fault or privity” under the Merchant Shipping Act as applied to corporations – distinction drawn between ordinary servants and management The Facts Benzine oil was carried on this vessel, a 21 year old steel screw oil tank steamer from Novorossisk to...
by michael | Nov 29, 2017 | Charter Party Cases
Voyage charter party – vessel hired to assist another vessel in distress – charterer under misapprehension as to the position of hired vessel – contract not void for mistake. The Facts The Cape Providence was on its way from Brazil to China with a cargo of iron...
by michael | Nov 28, 2017 | Charter Party Cases
Mistake – directors in breach of fiduciary duty given golden hand shakes – such not vitiated by mistake The Facts Two financially highly skilled executives were employed to manage cocoa production in West Africa. During the course of their employment they made secret...
by michael | Nov 20, 2017 | Charter Party Cases
Voyage charter party – vessel missing loading date – measure of damages. The Facts The vessel was let on the Asbatankvoy Form. It was agreed that the vessel, or suitable substitute, should “with all convenient dispatch” proceed to one safe berth Bethioua, Algeria, to...
by michael | Nov 14, 2017 | Charter Party Cases
Voyage charter party – vessel missing loading date – owners held liable for damages. The Facts On 7 October 1936, the vessel was chartered to load at 1 or 2 safe ports between Karachi and Mormugao, India. She was stated as being expected ready to load “about 15/18...
by michael | Nov 7, 2017 | Charter Party Cases
Notice of arbitration served on employee of associated company – implied actual authority to accept service found on the facts. The Facts Charterers, a Hong Kong company, entered into an arrangement with a PRC Company, sellers, in terms of which contracts of...
