Limitation of liability - Actual fault or privity of owners - Foundering of trawler on uncharted rock - Navigational fault - Information as to rock not passed by owners to trawler while at sea - Whether a fault contributing to loss - Onus of proof.
Master and servant - System of working - Loading of vessel - Use of married gear - Injury to stevedores' employee while replacing vessel's rail displaced when struck by gear - Duty to remove rail - Liability of stevedores - Alleged contributory negligence.
Master and servant-Unnecessary risk-System of working-Dunnage-Handling of large cases of glass at docks - Dock worker struck by falling dunnage-Whether type of wood used for dunnage affected employers' liability.
Master and servant - Means of access - Cat-walk (flying bridge) between crew's quarters and bridge of tanker-Seaman's fall over hose pipe along cat-walk - Whether foreseeable danger -Liability of shipowners.
Master and servant - System of working - Safe premises - Cleaning cowling of ship's ventilator -Alleged movement of cowling causing seaman to fall from ladder-Liability of shipowners -Contributory negligence.
Goods-in-transit insurance - Loss - "Lock or fastener has been smashed by violent forcible means wherever entry, access or theft has been effected"-Van containing dresses stolen -Allegation that van was left unlocked and/or that there was no "smashing"-Liability of insurers-Meaning of "wherever."
Master and servant - Safe premises - Ladder in ship's hold - Seaman injured in falling down ladder, while carrying teapot-Alleged defective ladder, lack of supervision, and absence of means of lowering food into hold-Contributory negligence.
Ship - Mortgage - Validity - Preferred status - Claim by mortgagees against shipowners opposed by interveners-Mortgage recorded on substituted certificate of registry - Whether valid under Liberian law-Liberian Maritime Law, Sects. 100, 101.
Charter-party - Cargo - "Quantity in owners' option, to be declared by the master . . ." -Vessel unable to load declared quantity- Whether master's declaration had any contractual effect - Whether shipowners exempted from liability by "exceptions clause"-"Gencon" charter-party.
Negligence-Occupational hazard-Safe premises -Loading of vessel at quayside-Stevedore's fall from unprotected cat-walk - Hatch covers, stacked outboard of cat-walk and providing some protection, removed, without warning, by mate - Liability of employers and/or shipowners.
Charter-party - Permission to load - Alleged "black-listing" - Embargo - Free pratique withheld by Syrian authorities - Vessel unable to load charter cargo - Alleged implied obligation on shipowners to obtain permission to load-Whether shipowners in breach of that duty.
Barge-Sinking in dock-Barge moored close to stern of vessel-Negligence of barge owners' servants in mooring barge-Negligence of shipowners as to precautions taken to prevent flooding of barge by discharge water.
Salvage - Vessel listing in heavy weather - "Mayday" call answered by two trawlers -Crew taken off and vessel towed to port- Loss of advantageous market by trawlers -Factors to be considered in making award.
Costs-Payment into Court-Consolidated action -Two plaintiffs represented by separate solicitors-One plaintiff awarded more and other plaintiff awarded less than their respective portions of amount paid into Court- Appeal against form of order.
Charter-party - "Argentine Maritime Pensions Tax to be for charterers' account" - Tax demanded paid by shipowners - Claim to recover from charterers-Denial by charterers that shipowners were liable for entire sum paid-Whether entire sum paid recoverable from charterers.
Negligence - Dangerous cargo - Stevedores - Damage to other cargo in explosion during unloading of cargo of sodium chlorate in drums-Liability of stevedores and/or consignees of sodium chlorate - Duty on consignees and/or stevedores to inspect cargo before discharging-Whether stevedores protected by bill of lading terms - Measure of damages-Whether general average contribution and insurance premium to be included-Passing of property under f.o.b. contract-Liability of consignees.
Salvage - Limitation of action - Discretion of Court to extend period - Action for salvage award commenced five weeks after expiration of two-year period-Whether action maintainable -Maritime Conventions Act, 1911, Sect. 8.
Contractors all risk insurance - Extension of policy period-Whether policy self-extending or new contract required - Alleged implied term enabling policy to be extended - Inconsistency with express terms of policy.
Marine insurance-"Full rejection" and "all-risks" clauses-Cargoes of peanuts rejected by U.S. Government Department-Peanuts damaged during reconditioning-Measure of indemnity - Applicability of "sue and labour" clause-Status of Lloyd's Agents- Whether cargoes surveyed "immediately prior to shipment" - Whether sales "in bond".
Sale of Goods-Consensus ad idem-"Shipment strictly to contract"-Whether constituting a counter-offer or acceptance of previous offer with emphasis on terms. Principal and agent-Ambiguous instructions. Practice-Scotland-Damages for breach of contract - Interest - Decision of Court of first instance reversed an appeal and damages awarded from date of decree-Motion seeking damages from date of citation refused without reasons being given-Appeal-Whether appeal incompetent-Date for commencement of interest. Practice Note-Appeals-Attention to formalities.
Brokers - Set-off - Running account between brokers and merchants-Right of brokers to set off merchants' indebtedness under direct sales account against credit in broking account. Costs - Application by successful defendants for Court to direct that, instead of taxed costs, defendants should be entitled to a gross sum so specified in lieu of costs-Supreme Court Costs Rules, 1959, Rule 9. Practice - Application by successful defendants, after successful application for order specifying gross sum in lieu of costs, for garnishee order nisi directing plaintiff's bank to attend on notice in relation to any indebtedness by them by reason of the relationship of bank and customer so that there would be funds to which defendants' judgment could attach- R.S.C., Order 45, r. 1.
Limitation of liability - Collision - Tankers not rendered gas-free - Whether owners and operators precluded from limiting their liability. Limitation of liability-Collision-Undermanning of vessel - Whether owners precluded from limiting their liability. Collision-Starboard-hand rule. Collision-Tardy avoiding action-Failure to give warning signal.
Sale of goods (c.i.f.)-Non-performance-Alleged frustration due to closing of Suez Canal - Whether shipment prevented by force majeure -Meaning of "shipment"-Effect of finding of fact by I.O.S.A. Board of Appeal that performance via Cape of Good Hope "was not commercially or fundamentally different" from performance via Suez Canal-Incorporated Oil Seed Association Contract No. 38.
Sale of goods (c.i.f.)-Quality-Wheat-Bonuses and allowances to be made to seller and buyers-Construction of contract-Whether whole of provisions in French Decree applicable to contract - Meaning of "Vitreous: 65%"-Whether ivraie and scabious content to be considered in calculating bonuses under "Inert and foreign bodies" and under "Scabious and ivraie"-London Corn Trade Association Contract Forms Nos. 9 and 74.
Bailment-Owner's risk-Servant of bailees causing damage to motor car left in garage of hotel- Safe custody of cars in garage delegated to servant - Liability of bailees for breach of contract-Negligence of bailees in employing untrustworthy servant-Notices on walls and conditions on ticket exempting bailees from liability-Whether brought to notice of bailor.
Collision - Bascule bridge struck by vessel - Impossibility of raising bascule - Duty to warn vessel-Dispute as to lights shown on bridge and speed of vessel-Liability of shipowners -Right of shipowners to limit liability against Crown-Canada Shipping Act, 1934. Canada - Limitation of liability - Right to limit liability against Crown - Canada Shipping Act, 1934. Damages-Loss of use of Crown's bridge (from which no profit was made)-Public inconvenience- Whether crown entitled to compensation.
Sale of goods - Non-delivery - Goods sold by importers "subject to shipment" - Some goods shipped, but attributed by importers to other contracts-Liability of importers- Meaning of "subject to shipment."
Rating - Freight-transport hereditament - Land leased by dock authority to company engaged in shipping and unshipping goods - Services used by parent company-Whether hereditament a freight-transport hereditament within Rating and Valuation (Apportionment) Act, 1928, Sect. 5 (1)-Jurisdiction of Court to decide issues raised before, but not expressly dealt with by, Lands Tribunal.
Sale of goods (c. & f.) - Insurance - Country damage to cotton-Modified c.i.f. form used in c. & f. contract-"In the event of cotton arriving . . . country-damaged . . . the Seller shall repay to the Buyer any loss not covered by insurance"-Meaning-Alleged duty on sellers to insure goods up to shipment - Whether buyers' policy covered goods prior to shipment-Meaning of "at and from"; "lost or not lost"-Liverpool Cotton Association, Ltd., Contract Form 14 (modified).
Sale of goods-"Consensus ad idem"-Oral negotiations confirmed in writing-Whether "force majeure" clause (included in written contract, but not mentioned orally) was a contractual term - Whether inclusion of clause was obtained by misrepresentation - Effect of signing acknowledgment slip.
Arbitration - Award - Motion to remit -Motion to remit for reconsideration of award as to costs-Claim by buyers against sellers for timber delivered sap-stained- Certificate that timber was in good condition at suppliers' mill-Award in favour of sellers-Award that sellers should pay two-thirds of costs-Pacific Coast Contract (c.i.f.) Form.
Sale of goods (c.i.f.)-Prohibition of export except under licence-Non-performance- Liability of sellers to buyers-Whether sellers exempted by terms of contract-"In case of prohibition of export . . . or . . . any executive or legislative act of the government of the country of origin . . . this contract . . . shall be cancelled"- Burden of proof-London Cattle Food Trade Association Contract Form No. 5.
Ship-Creditors' priorities-Mortgagees and necessaries men (ship's agents)-Benefit accruing to mortgagees as result of repairs paid for by necessaries men-Whether necessaries men's expenditure should take priority-Knowledge of mortgagees.
All risks insurance-Damage to lard discharged into transit shed and awaiting delivery to ultimate consignees - Whether cover had terminated-Institute Cargo Clauses (Extended Cover)-Meaning of "final warehouse."
Bill of lading-Damage to cargo after discharge - Negligence of stevedores - Bills of lading incorporating U.S. Carriage of Goods by Sea Act, 1936, and limiting carriers' liability to 500 dols. per package-Whether stevedores protected.
Charter-party - Frustration - Closing of Suez Canal-Whether foreseeability of that event prevented frustration by that event - "Captain also to telegraph . . . on passing Suez Canal" - Allegation that vessel was accordingly under obligation to pass Suez Canal - Conduct of parties after frustrating event - Whether shipowners estopped from alleging frustration - Alleged equitable estoppel - Alleged agreement to be implied from conduct of parties that cargo would be carried via Cape of Good Hope at charter rate of freight-Alleged agreement that hire would be paid at reasonable rate-"Quantum meruit".
Charter-party - Demurrage - Commencement of lay days-"Arrived ship"-Arrival of vessel in Buenos Aires Roads off port - Argentine Government order requiring vessels to wait in Roads owing to congestion in dock area - Loading permit (giro) not obtained by shipowners - Issue of loading permit dependent upon obtaining a certificate by charterers' agents and availability of cargo - Effect of omission to obtain permits-Duty on charterers as to availability of cargo.
Charter-party - Off-hire clause in time charter "Charterers agree to release vessel to Owners every nine/twelve . . . months with three months notice . . ."-Whether owners obliged to take delivery of vessel after receiving three months' notice from charterers.
Practice-"Lis alibi pendens"-Motion to set aside writ or stay proceedings in England- Action "in personam" brought by plaintiffs in Italy; arbitration proceedings commenced by plaintiffs in England; and action "in rem" instituted by plaintiffs in England, in respect of damage to plaintiffs' cargo carried in defendants' steamship-Whether proceedings vexatious-Form of order.
Master and servant-System of working-Fellow-employee - Injury to master of tug during towage of vessel - Scope of tow-rope- Whether tug under-powered-Alleged negligence of deck-hand in failing to slip tow-rope.
Docks and ports - Quay and foreshore - Use - Claim by Lord of Manor for mooring fees and an injunction precluding use of quay and foreshore for repairing boats-Whether "man of Bosham" exempted from payment of mooring fees-Meaning of "man"-Rights of "man of Bosham" - Whether ship-repairing company entitled to use quay on payment of reasonable fee.