A Treatise on the Law of Charter-partiesStevens, 1894 - 662 pages |
From inside the book
Results 1-5 of 53
Page 18
... reference to the liability of the owners of the chartered ship , it is necessary to look to the charter - party , to see whether it operates as a demise of the ship itself , to which the services of L. R. 2 Q. B. 86 , 96 . 22 Str . 1251 ...
... reference to the liability of the owners of the chartered ship , it is necessary to look to the charter - party , to see whether it operates as a demise of the ship itself , to which the services of L. R. 2 Q. B. 86 , 96 . 22 Str . 1251 ...
Page 29
... reference to the context and the object of the contract will best effectuate the obvious and expressed intent of the parties . " Mellish , L. J. in the case of " The Teutonia " 4 remarked that- " Although it is true that the court ought ...
... reference to the context and the object of the contract will best effectuate the obvious and expressed intent of the parties . " Mellish , L. J. in the case of " The Teutonia " 4 remarked that- " Although it is true that the court ought ...
Page 51
... reference to it . But no such presump- tion can arise when one of the parties is ignorant of it . " In Kell v . Anderson , " evidence was admitted to show the time a vessel arrived at her place of discharge according to the usage of the ...
... reference to it . But no such presump- tion can arise when one of the parties is ignorant of it . " In Kell v . Anderson , " evidence was admitted to show the time a vessel arrived at her place of discharge according to the usage of the ...
Page 53
... reference to such usage , if proved . 2 But where the defendants agreed by charter- party to load the plaintiff's vessel at Sunderland with coke with all possible despatch , in the 1 Cuthbert v . Cumming , 24 L. J. Ex . 310 . Leidemann ...
... reference to such usage , if proved . 2 But where the defendants agreed by charter- party to load the plaintiff's vessel at Sunderland with coke with all possible despatch , in the 1 Cuthbert v . Cumming , 24 L. J. Ex . 310 . Leidemann ...
Page 59
... reference to instances , what is the actual authority conferred.2 The general rule is that : - " If a man holds out by his conduct another person as his agent , by permitting that person to act in that character in all sorts of ways ...
... reference to instances , what is the actual authority conferred.2 The general rule is that : - " If a man holds out by his conduct another person as his agent , by permitting that person to act in that character in all sorts of ways ...
Contents
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Common terms and phrases
action affreightment agreed agreement alongside amount arbitrator arrival barratry bill of lading Bing board the ship bound breach Bute Dock Captain carry cesser clause charter-party charterer claim coal commence complete cargo condition precedent consignees contract Court crew custom customary damages dead weight defendants delay deliver delivery demurrage despatch detention dunnage entitled freight freighter full and complete full cargo held House of Lords intended L. J. Ex lay-days liable lien Liverpool load a cargo load a full London Lord Lord Esher loss Lowestoft master meaning merchant navigation negligence Odessa owner paid party payable payment perils person plaintiffs port of discharge port of loading proceed put on board question rate of freight reasonable receive refused sail seaworthy ship's shipowner shipper sign bills steamer stevedore stipulation stowed Sulina tion tons United Kingdom unloading vessel voyage warranty wharf words
Popular passages
Page 165 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 558 - ... if, on such a reference, one party fails to appoint an arbitrator, either originally, or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent: Provided that the High...
Page 557 - If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings...
Page 560 - The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
Page 523 - The freight to be paid on unloading and right delivery of the cargo in cash, less one month's discount.
Page 42 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
Page 557 - If an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy...
Page 140 - ... special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage...
Page 175 - ... a full and complete cargo of , not exceeding what she can reasonably stow, and carry over and above her tackle, apparel, provisions and furniture...
Page 558 - ... arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.