A Treatise on the Law of Charter-partiesStevens, 1894 - 662 pages |
From inside the book
Results 1-5 of 85
Page 2
... whole period or adventure described , being paid to him at the time and in the manner stipulated in the contract , and subject to the several terms and conditions inserted in it ; to let the whole or principal part of his ship to the ...
... whole period or adventure described , being paid to him at the time and in the manner stipulated in the contract , and subject to the several terms and conditions inserted in it ; to let the whole or principal part of his ship to the ...
Page 4
... whole contract must be taken together , and due effect given to the several clauses which counteract or qualify each other ; and thus it often happens that the same expressions will bear different meanings , and require a different ...
... whole contract must be taken together , and due effect given to the several clauses which counteract or qualify each other ; and thus it often happens that the same expressions will bear different meanings , and require a different ...
Page 20
... whole reach of the vessel , reserving space to the owner for the crew , & c . The captain was to use all dispatch in prosecuting the voyages , and the crew were to " render all customary assistance in loading and discharging . " Also ...
... whole reach of the vessel , reserving space to the owner for the crew , & c . The captain was to use all dispatch in prosecuting the voyages , and the crew were to " render all customary assistance in loading and discharging . " Also ...
Page 27
... whole is , when he has been informed of the facts and of any such special meanings . The court it is which when once it is in possession of the circumstances surrounding the contract , and of any peculiarity of meaning which may be ...
... whole is , when he has been informed of the facts and of any such special meanings . The court it is which when once it is in possession of the circumstances surrounding the contract , and of any peculiarity of meaning which may be ...
Page 28
... whole of the consideration on both sides , they are mutual conditions , the one precedent to the other ; but where the covenants go only to a part , there a remedy lies on the covenant to recover damages for the breach of it ; but it is ...
... whole of the consideration on both sides , they are mutual conditions , the one precedent to the other ; but where the covenants go only to a part , there a remedy lies on the covenant to recover damages for the breach of it ; but it is ...
Contents
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Other editions - View all
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.