by michael | Aug 22, 2011 | Maritime
Formation – voyage charter – incorrect party named in exchange of emails – voyage carried out and paid for – contract by conduct The facts Disponent owners, one of a group of companies, sought to trade their vessel on the spot market. Brokers entered the vessel on...
by michael | Aug 5, 2011 | Maritime
Bills of Lading – section 2(4) of the Carriage of Goods by Sea Act, 1992 which enables a holder of a bill to sue on behalf of the real owner of cargo does not create a separate cause of action. The facts Bagged rice was carried from Thailand to Nigeria under Bills of...
by michael | Aug 3, 2011 | Bills of Lading, Maritime
Measure of damages – time charterers confined to difference between contract and market rates. The facts The charter period was three years (thirty days, more or less, at charterers’ option) from date of delivery. After fourteen months in service along the Italian...
by michael | Aug 3, 2011 | Maritime
Measure of damages – vessel re-delivered early to owners – not a factor to be taken into account in computing damages for breach of sub-charter The facts Sub- charterers repudiated about six months before the contractual end of the sub-charter. Disponent owners...
by michael | Aug 3, 2011 | Maritime
Measure of damages – held to be the difference between head-charter rate and sub-charter rate. The facts The vessel was chartered to load sodium nitrate (Chilean saltpeter) at Pisagua. Freight was agreed at a rate per volume of cargo. Head charterers...
by michael | Aug 3, 2011 | Maritime
Hague rules – carrier has burden to prove exceptions. The facts Bagged rice was carried from Bangkok to Lagos and Port Harcourt. Upon outturn claims were made for short delivery and water damage to the cargo. The cargo was carried under bills of lading incorporating...
