|
Leduc V Ward
''Leduc v Ward'' is a leading English case on deviation within the law of carriage of goods by sea. The case also addresses bills of lading, and the parol evidence rule. Facts A vessel was to carry a cargo of rape seed from Fiume (now Rijeka) to Dunkirk, the itinerary made explicit in the bill of lading. Before reaching Dunkirk, the master deviated to Scotland where the ship sank in a storm off the mouth of the River Clyde. When the cargo-owner (the indorsee of the bill of lading) sued, the shipowners sought to rely on the perils of the sea exception in the bill. When it was pointed out that deviation annuls such protection, the shipowners contended that the deviation was justified since the shippers were aware at the time of shipment of the intention to call at Glasgow (a fact which the shipper acknowledged). The shipowners also argued that the ship would inevitably have been lost anyway, as there were storm conditions off Dunkirk as well as in the Firth of Clyde. Judgment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deviation (law)
The doctrine of deviation is a particular aspect of contracts of carriage of goods by sea. A deviation is a departure from the "agreed route" or the "usual route", and it can amount to a serious breach of contract. The consequences of unjustified deviation can be very grave for the carrier, who is thereby prevented from relying upon exclusion clauses within the contract limiting his liability; nor will the carrier be able to rely on statutory protections, such as Art. IV of the Hague-Visby Rules. The scope of deviation The "agreed route" is identified from the contract of carriage, as evidenced by the bill of lading. The ports of origin and destination (e.g. "Piraeus to Liverpool"') define the route. The "usual route" is not necessarily the shortest route, but is a version of the agreed route, taking into account safety issues, distances, seasonal conditions and war zones. For instance, the route "Auckland to London" could be via Suez, Panama, the Cape of Good Hope, or Cape ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Lading
A bill of lading () (sometimes abbreviated as B/L or BOL) is a document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment. Although the term historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order. A bill of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiume
Rijeka ( , , ; also known as Fiume hu, Fiume, it, Fiume ; local Chakavian: ''Reka''; german: Sankt Veit am Flaum; sl, Reka) is the principal seaport and the third-largest city in Croatia (after Zagreb and Split). It is located in Primorje-Gorski Kotar County on Kvarner Bay, an inlet of the Adriatic Sea and in 2021 had a population of 108,622 inhabitants. Historically, because of its strategic position and its excellent deep-water port, the city was fiercely contested, especially between the Holy Roman Empire, Italy and Croatia, changing rulers and demographics many times over centuries. According to the 2011 census data, the majority of its citizens are Croats, along with small numbers of Serbs, Bosniaks and Italians. Rijeka is the main city and county seat of the Primorje-Gorski Kotar County. The city's economy largely depends on shipbuilding (shipyards "3. Maj" and "Viktor Lenac Shipyard") and maritime transport. Rijeka hosts the Croatian National Theatre Ivan pl. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rijeka
Rijeka ( , , ; also known as Fiume hu, Fiume, it, Fiume ; local Chakavian: ''Reka''; german: Sankt Veit am Flaum; sl, Reka) is the principal seaport and the third-largest city in Croatia (after Zagreb and Split). It is located in Primorje-Gorski Kotar County on Kvarner Bay, an inlet of the Adriatic Sea and in 2021 had a population of 108,622 inhabitants. Historically, because of its strategic position and its excellent deep-water port, the city was fiercely contested, especially between the Holy Roman Empire, Italy and Croatia, changing rulers and demographics many times over centuries. According to the 2011 census data, the majority of its citizens are Croats, along with small numbers of Serbs, Bosniaks and Italians. Rijeka is the main city and county seat of the Primorje-Gorski Kotar County. The city's economy largely depends on shipbuilding (shipyards "3. Maj" and "Viktor Lenac Shipyard") and maritime transport. Rijeka hosts the Croatian National Theatre Ivan pl. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague–Visby Rules
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924. The premise of the Hague–Visby Rules (and of the earlier English common law from which the Rules are drawn) was that a carrier typically has far greater bargaining power than the shipper, and that to protect the interests of the shipper/cargo-owner, the law should impose some minimum affreightment obligations upon the carrier. However, the Hague and Hague–Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to 1924 provided more protection for cargo-owners, and imposed more liabilities upon "common carriers". The official title of the Hague Rules the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading". After being amended by the Brussels Amendments (officially the "Protocol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glynn V Margetson
''Glynn v Margetson'' is an English case on the law of carriage of goods by sea which established the "Main Purpose Rule" in relation to deviation. Facts A vessel, the ''Zena'', was chartered to carry a perishable cargo of Seville oranges from Málaga to a marmalade factory in Liverpool. The bill of lading provided that the master was "at liberty to visit any ports in any order". Although a carrier has a duty to "proceed with reasonable despatch" and not to deviate from the agreed course, the ship visited other ports in Spain and North Africa before heading for Liverpool. The deviation caused delays in delivering the cargo, during which time both the cargo and the market for oranges had deteriorated. The cargo-owner sued. Judgment The House of Lords held that the "liberty clause" was in effect an exemption clause which sought to limit the carrier's liability for loss caused through unjustifiable deviation. The court went on to establish the "Main Purpose Rule" which provi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
