A Treatise on the Law of Charter-partiesStevens, 1894 - 662 pages |
From inside the book
Results 1-5 of 32
Page 148
... prevented from performing it by the perils of the sea , he is not entitled to any freight . Here the shipowners failed entirely to bring the ship to London , and conse- quently they are not entitled to any freight . But before starting ...
... prevented from performing it by the perils of the sea , he is not entitled to any freight . Here the shipowners failed entirely to bring the ship to London , and conse- quently they are not entitled to any freight . But before starting ...
Page 153
... prevented from send- ing her to Gottenburg . Evidence was given by the owner that she was , in fact , British built , but that , when the contract was made , she had a complete set of Swedish papers , and treasury licence to sail as a ...
... prevented from send- ing her to Gottenburg . Evidence was given by the owner that she was , in fact , British built , but that , when the contract was made , she had a complete set of Swedish papers , and treasury licence to sail as a ...
Page 185
... prevented from so doing by any act of the plaintiffs , there being no allegation that in point of fact , the vessel was in an improper condition to load a greater quantity.1 Where the charterer is on board from time to time during the ...
... prevented from so doing by any act of the plaintiffs , there being no allegation that in point of fact , the vessel was in an improper condition to load a greater quantity.1 Where the charterer is on board from time to time during the ...
Page 214
... prevented by stress of weather from sailing from Amsterdam for Liverpool on or before that date . In an action against the charterer for refusing to load the ship and repudiating the charter - party , it was held that the stipulation as ...
... prevented by stress of weather from sailing from Amsterdam for Liverpool on or before that date . In an action against the charterer for refusing to load the ship and repudiating the charter - party , it was held that the stipulation as ...
Page 236
... was ordered to Hamburg , and proceeded thither ; 1 1 Capper v . Wallace , L. R. 5 Q. B. D. 163 ; 49 L. J. Q. B. 350 . 2 L. R. 5 C. P. D. 130 . but her draught prevented her getting further up the river 236 OR SO NEAR THEREUNTO.
... was ordered to Hamburg , and proceeded thither ; 1 1 Capper v . Wallace , L. R. 5 Q. B. D. 163 ; 49 L. J. Q. B. 350 . 2 L. R. 5 C. P. D. 130 . but her draught prevented her getting further up the river 236 OR SO NEAR THEREUNTO.
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Other editions - View all
Common terms and phrases
action affreightment agreed agreement amount appointed arbitrator arising arrival authority barratry berth bill of lading Bing bound breach broker Bute Dock Captain carry cesser clause charter-party charterer claim coals complete cargo condition precedent consignees contract Court custom damages defendants delay deliver delivery demurrage detention dunnage entitled freight freighter full and complete full cargo held House of Lords intention L. J. Ch L. J. Ex lay-days liable lien Liverpool load a full London Lord Lord Esher loss Lowestoft meaning merchant navigation negligence owner paid parties payable payment perils person plaintiff port of discharge port of loading proceed put on board question rate of freight ready reasonable receive refused Reports safe port sail ship ship's shipowner shipper sign bills steamer stevedore stipulation stowage stowed Sulina tion United Kingdom unloading vessel voyage warranty words
Popular passages
Page 140 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
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 560 - ... 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 559 - 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 - Judge may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third 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.
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 31 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 140 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Page 560 - ... does not show that it was intended that the vacancy should not be supplied...
Page 618 - I conceive to be this : where a vessel takes the ground in the ordinary and usual course of navigation and management in a tide river or harbour, upon the ebbing of the tide, or from natural deficiency of water, so that she may float again upon the flow of tide or increase of water, such an event shall not be considered a stranding within the sense of the memorandum.