A Treatise on the Law of Charter-parties

Front Cover
Stevens, 1894 - 662 pages

From inside the book

Contents

Effect of written words in the printed form
40
Downe 5 Esp
41
Schultz 14 C B 38 23 L J C P 17 18 Jur
42
Evidence of usage and custom
48
121
49
Alne Holme The L R 1893 P 173 62 L J Ad
51
Whether usage must be known to party to be charged
56
469
59
Delegation of authority
63
Irlam 2 M S 301
66
12 East 496n
70
Master powers of
71
Atkinson 2 B A 460
74
Haldimand 1 T R 172
75
Industrie The L R 1894 P 58 63 L J Ad
84
Agent when not personally liable
86
Agent for undisclosed principal
92
Rights of purchaser
98
Who may or may not sue on the contract
107
Rowe 2 Camp 482
108
Effect of two charters being entered into for separate voyages
115
Stewart L R 13 Q B D 317 53 L J Q B 173
121
Stevens 1 Str
123
When shipper has no notice of the charterparty
129
Taylor L R 1893 2 Q B 274 63 L J Q B 15
131
Where charterers agent has notice of the charterparty
137
Stewart 1 C E 357
143
Name of vessel
151
Le Mesurier v Vaughan 6 East 382
154
International The L R 3 A E 321 40 L J Ad 1 23 L T 787
158
Crookewitv Fletcher 1 H N 893 26 L J Ex 153 27 34 36 201 214 565
159
Classification of ship
166
Full and complete cargo
175
Harrold L R 1894 1 Q B 615
177
Duke of Manchester The 2 W Rob 470 6 Moo P C
179
About meaning
186
MacKill Wright L R 14 App Cas 106
191
When loading is once completed charterer has discharged his obli
194
68
249
Pollok 1 E B 744 22 L J Q B 250
250
Woodman 3 Taunt 299
258
Broken stowage
266
Meyer 6 East 614 2 Smith 670
271
Ships readiness to sail
274
Marathon The 4 Asp M L C 75 40 L T 163
275
Castlegate S S Co L R 1893 A C 38 7 Asp M L C
277
To be loaded as customary
281
Owners may be restrained from using ship inconsistently with
284

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Common terms and phrases

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.

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