The Contract of Affreightment as Expressed in Charterparties and Bills of Lading

Sampul Depan
Sweet and Maxwell, 1914 - 473 halaman
 

Isi

SECTION INATURE AND CONSTRUCTION OF THE CONTRACT
1
The Bill of Lading
7
by what
14
Northmoor S S Co v Harland Wolff 1903 2 Ir Rep 657
18
Printed Forms of Contract
23
Liverpool Co v Wilson L R 7 Ch 507 41 L J Ch 498
26
When an Agent binds his Principal
29
Gen Iron Screw Coll Co 3 H C 284 33 L J
32
Richter 18 Q B D 63 56 L J Q B 33
33
Who are bound by Charters
39
Playford L R 7 Ex 98 41 L J Ex
44
Craggs 7 Com Cas 7 86 L T 388 9 Asp M C 296 203
50
Incorporation of Charter in Bill of Lading
52
Authority of Master or Broker to sign Bills of Lading 5663
56
1 The ship not being chartered 5859
58
2 The ship being chartered 5963
59
Castlegate Co v Dempsey 1892 1 Q B 854
61
Statutory liability of Persons signing Bill of Lading 64
64
Through Bills of Lading 65
65
Notting Hill The 9 P D 105 53 L J Ad 56 51 L T
66
REPRESENTATIONS AND UNDER TAKINGS IN THE CONTRACT 6893
68
Ships Class on the Register 7172
71
Ships Tonnage or Dead Weight Capacity 7274
72
Ships Name and National Character 74
74
Whereabouts of Ship and time of Sailing 7577
75
Conditions implied in the Contract 77
77
Undertaking of Seaworthiness 7885
78
Undertaking of Reasonable Dispatch 8591
85
Undertaking by Shipper not to ship dangerous goods without notice 9193
91
LOADING 94153
94
To proceed to a safe port
97
So near as she can safely get 98101
98
Safely 101106
101
Loading under a CharterDuty of Shipowner
107
Where the Ship must be ready to loadWhere the Charterer is bound to load 108116
108
Readiness to load 116
116
Notice to Charterers of readiness to load 117
117
Duty of Charterers to furnish Cargo 118122
118
Alongside 122
122
Charterers refusal to load 123
123
Loading 124126
124
A full and complete Cargo 126128
126
335
127
Broken Stowage 128129
128
Deck Cargo 129
129
Ballast and Dunnage 130
130
Loading and Stevedores 131135
131
Mates receipt
135
Adonis The 5 C Rob 256
140
Cesser Clause
141
THE BILL OF LADING AS
154
Ernsthausen 1894 1 Q B 773 63 L J Q B 559
155
Unpaid Vendors Securities
160
Ajum Goolam v Union Marine Co 1901 App Cas 362 70
167
Who may stop in transitu
168
The Transit
174
Notice to stop how given
180
Williams 4 Camp 181
181
Admiralty Jurisdiction
186
Effect of Excepted Perils
195
Nova Scotia Co v Sutherland Co 5 Com Cas 106 328
198
Article 80Act of
205
Strikes
215
Pirates Robbers Thieves 216218
216
Who can be sued for negligent carriage of the Goods
232
THE VOYAGE 233269
233
Masters authority on the Voyage 234236
234
Masters authority whence derived
236
Communication with Owners 237240
237
Masters duty to proceed without deviation 240243
240
351
242
Masters authority to delay or deviate in case of Necessity 243245
243
Masters duty to take care of Goods 245247
245
Masters power to sell Damaged Goods 247
247
Masters power of Transhipment 248250
248
Masters power of raising Money on Cargo 250
250
Bottomry 251
251
Calder 14 T L R 311 58
252
Conditions justifying Bottomry 253
253
Jettison
254
Classes of General Average Loss
256
Capper 4 M G 502 5 Scott N R 257
257
Cargo damaged by Fire 258259
258
Sale of Cargo or other sacrifice of its value
259
Sacrifice of Ship or Tackle 260
260
Sacrifice of Freight
261
Expenses in Port of Refuge 262264
262
Masters duty to collect General Average Con tribution 264
264
Who can sue for General Average Contribution
265
Who is liable for General Average Contribution
266
General Average Contribution how adjusted
267
Belfort The 9 P D 215 5 Asp Mar C 291
270
Article 125A Goods of different owners mixed and unidenti
274
321
277
DEMURRAGE
283
56
287
To load or unload in a fixed time
290
AngloHellenic Co v Dreyfus 108 L T 36 19 Asp M C 291
291
Anna The 18 T L R
299
Who are liable for Demurrage on a Charter
300
Charlton and Bagshaw v Law 1912 2 Sc L T 459
306
Advance freight
307
Murray 5 Com Cas 312
312
Lump freight
313
Amount of freight
320
to whom payable
328
Tatem 83 L T 121 9 Asp M c i27
329
Mortgagee of Ship and freight
334
359
338
LIEN
340
DAMAGES
347
Damages for failure to load under Charter
353
Blunt 1 Q B 870 1 G D 449
359
THE COMMERCIAL COURT
363
Customs of British Ports
371
Statutes
387
YorkAntwerp Rules
404
Aktieselkabet Inglewood v Millar 88 L T 559 8 Com
411
Australian New Zealand and Canadian Acts 412418
412
INDEX
419
Chapman 2 H L C 696 13 Jur 969 8 C B 950
421
Aktieselkabet Shakspeare v Ekman 18 T L R 605
425
5052
432
Shepherd 14 Moore P C 471 5 L T 504 1
441
84
458
Presgrave 1 East 220
465
Leeuw 1 C E
470

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Bagian yang populer

Halaman 414 - Act or omission of the shipper or owner of the goods, his agent or representative.
Halaman 404 - Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average...
Halaman 405 - When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably drive on shore or on rocks, no loss or damage caused to the ship, cargo and freight or any of them by such intentional running on shore shall be made good as general average.
Halaman 404 - ... either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.
Halaman 416 - America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel...
Halaman 405 - When a ship shall have entered or been detained in any port or place in consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety...
Halaman 405 - But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as general average.
Halaman 415 - ... to exercise due diligence, properly equip, man, provision and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.
Halaman 394 - insolvent" within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state...
Halaman 88 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.

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