Bill of lading-Warranty of authority-Bill of lading, signed by ship's agents, for more goods than actually shipped-Liability of ship's agents to bill of lading holders for value of goods not shipped-Breach of implied warranty of authority-Common-law and statutory estoppels-Bills of Lading Act, 1855, Sects. 1, 3.
Limitation of action - Charter-party - "Charterers to indemnify the Owners against all consequences or liabilities [of] signing Bills of Lading"-Damage to cargo- Whether cause of action arose on incurring of liability by shipowners to cargo-owners or on discharging of such liability- Limitation Act, 1939.
Master and servant - Fellow-employee - Safe plant and appliances - Labourer struck by falling baulk of timber - Use of case dogs - Negligence of crane-driver. Costs-Delay in bringing action-Effect. Practice - Writ - Desirability of defendant being informed of issue immediately. Trade union-Delays in bringing actions- Warning that plaintiffs might lose part of their costs.
Carriage of goods-Loss of goods in transit-Negligence of forwarding agents in engaging lorry-Whether amounting to fundamental breach of contract-Liability of forwarding agents-Institute of Shipping and Forwarding Agents Standard Trading Conditions.
Maritime Conventions Act, 1911 - Apportionment of fault where three vessels were involved-Sect. 1. Negligent navigation - Grounding in narrow channel while avoiding vessels in collision and burning oil on water - Liability of colliding vessels - Contributory negligence-Maritime Conventions Act, 1911, Sect. 1. Collision-Narrow channel-Duty to hold back-Starboard-side rule - Look-out - Tardy avoiding action-"Unable to manoeuvre" signal-Duty to take exceptional precautions in exceptional conditions - Rules for Navigation in Netherlands Inland Waters, Arts. 41 (2), 42 (1). Assessors-Conflicting advice.
Arbitration Act, 1950 - Appointment of arbitrator by Court-Whether there was a contractual submission to arbitration - Meaning of "Arbitration to be settled in London"-Whether Court exercised its discretion properly in appointing arbitrator-Sects. 6, 10.
Admiralty practice - Damages - Personal injuries and loss of life claims resulting from collision-Shipowners' right to contribution from owners of other vessel-Whether under Sect. 1 or Sect. 3 of Maritime Conventions Act, 1911.
Motor insurance-"Maintain in efficient condition"-Taxi-cab with worn tyres and brakes-Accident (not caused by defects)-Liability of insurers-Costs of legal representation in proceedings arising from accident-Costs-County Courts Act, 1959.
Carriage by sea-Bad stowage-Loss of deck cargo (mechanical shovel) in bad weather-Whether stowage by shipper relieved shipowner from liability-Meaning of "dangers of navigation" in Art. 2433 of Civil Code of the Province of Quebec.
Consequential loss (breakdown) insurance-"Sudden and Accidental Damage [excluding] corrosion"-Split in heat exchanger tube (due to defective metal) resulting in production of very corrosive acid-Breakdown of plant after operating for few days-Liability of insurers-Measure of indemnity.
Fertilisers and Feeding Stuffs Act, 1926 - Implied warranty of suitability - Whether applicable to feeding stuffs for pheasants and partridges-Whether applicable only to specific article sold in original state - Meaning of "poultry". -C.i.f. contracts-Applicability of Act-Unascertained goods-Passing of property. Sale of goods-Fitness for purpose-Implied condition-Whether fact that buyers and sellers were members of the same Trade Association rebutted presumption that buyers relied on sellers' judgment-Sale of Goods Act, 1893, Sect. 14 (1). -Merchantable quality - Implied condition - Sale of Goods Act, 1893, Sect. 14 (2). Contract-Implied term from course of dealing-Whether conditions printed on contract notes sent to buyers in previous dealings could be impliedly incorporated into contract although buyers had never read those conditions. -Latent defects clause - Whether apt to exclude liability for breach of implied condition as to fitness or whether restricted to quality.
Practice - Payment into Court in excess of damages awarded - Effect on security for costs paid into Court prior to grant of legal aid to foreign litigant. Costs-Foreign plaintiff-Payment into Court by defendants in excess of damages awarded-Extension of period for plaintiff's costs. Damages-Assessment-Personal injuries.
Carriage of goods-Loss of goods on hired lorry-Negligence of driver in leaving lorry unattended-Liability of lorry owners. Contract-Carriage of goods on hired lorry-Insurance-Whether lorry owners informed owners of goods that goods were not covered by insurance-Liability of lorry owners.
Practice-Motion for order cancelling guarantee -Whether interlocutory relief or, in effect, summary judgment. -Motion for interim injunctions restraining P. & I. Club and Defence Association from terminating shipowners' membership, and from withdrawing support of arbitration proceedings.
Carriage by air - Air consignment note - "Carriage . . . is subject to [Warsaw Convention] unless such carriage is not 'international carriage' as defined by the Convention" - Whether that condition complied with Art. 8 (q) and carrier entitled to limit liability for loss of bullion-Carriage by Air Act, 1932, First Schedule, Art. 8 (q)-Desirability of uniformity between U.S. law and English law.
Sale of goods (c.i.f.)-Passing of property-Delivery of goods against delivery order (substituted for bill of lading)-No payment made-Whether payment was condition precedent or condition concurrent-Right of sellers to recover goods from buyer and/or receiver of buyers.
Salvage-Fire on board yacht-Risk to non-professional salvors-Whether yacht's crew (in dinghy) in danger-Dispute as to value of salved vessel. Costs-Payment into Court in excess of salvage award-Effect of legal aid.
Sale of goods (c. & f.)-Documentary credits-Tender of documents-Bill of lading-Validity when marked "Freight collect"-Law applicable to determine efficacy-Effect of tender of non-negotiable bill of lading-Whether goods properly described-Certificates-Effect of inconsistent statements-Applicability of "de minimis" rule to tender of documents. -Whether sellers could present documents direct to buyers. Practice-Special case-Right to argue before Court point not taken at arbitration.
Charter-party - Lay days - Commencement - Freight agreement providing for 24 hours' notice of readiness to load and discharge-Whether notice could not be given until vessel had arrived-Whether laytime could not commence before expiration of notice.
Collision-Overtaking or crossing vessel-Tardy avoiding action by stand-on vessel when collision could not be avoided by action of give-way vessel alone-Collision Regulations, 1954, Rules 21, 28. Costs-Contributory negligence-No counterclaim by defendants-Effect.
Admiralty practice - Interest on judgment debt-Ship's mortgage incorporating interest terms contained in registered charge on land - Whether that rate of interest applied after date of judgment - Land Registration Act, 1925, Sect. 28.
Arbitration - Award - Motion to set aside or remit - Alleged misconduct of arbitrators: (a) parties not present at arbitration; (b) no opportunity of presenting case; or of calling witnesses and adducing documents; and (c) no notice of meetings of arbitrators - Estoppel.
Charter-party-Ship's gear-Free in and out charter-party-Whether shipowners obliged to supply cargo gear in working order-Gencon charter-party (amended). Contract-Construction-Whether Court could look at deleted words.
Charter-party-Consecutive voyages-Detention-Alleged fundamental breach-Delays by charterers in loading and discharging cargoes preventing vessel performing more voyages in charter time-Whether shipowners entitled to damages (less demurrage payments) for loss of further freights-Effect of deliberate breach by charterers-Whether payments of demurrage by charterers precluded shipowners from recovering further damages-Whether demurrage clause was an exceptions or limiting clause which was not applicable because of fundamental breach-Consideration of fundamental breach and breach of fundamental term.
Charter-party-Demurrage-"Time used in shifting from . . . anchorage to . . . berth in Hull not to count as laytime"-Whether delay (due to insufficiency of depth of water) for charterers' or shipowners' account-Baltimore Berth Grain Charter Party.
Collision-River-Vessel crossing river-Duty to hold back-Signals-Duty to take drastic action to avoid collision-Duty to have person on board with knowledge of river and by-laws-Port of London River By-laws, 1938 and 1958, By-laws 26, 35, 42, 45.
Charter-party - Laytime - Strike-"Any time lost through existing strikes . . . not to count . . ."-Refusal of French port labour to unload vessels carrying coal, thereby hoping to aid French miners-Whether delay was due to existing strike-Chamber of Shipping Coal and Pitch Master Charter-Party, 1956 ("Aticol").
Sale of goods-Invoicing back-Ascertained goods-Passing of property-Whether right to require original seller to repurchase goods was extinguished by agreement-Sale of Goods Act, 1893, Sects. 16, 18, Rule 5.
Negligence-Foreseeability of damage-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Liability of demise charterer of vessel. "Rylands v. Fletcher"-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Liability of demise charterer of vessel. Nuisance-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Whether public nuisance causing particular and direct injury to owners of ships-Whether foreseeability an essential element of nuisance-Liability of demise charterer of vessel.
Charter-party-Detention and/or expenses due to ". . . trading . . . to rivers or ports with bars . . . to be for charterers' account"-Construction of clause-Meaning of "bar"-Whether River Plate was a "river", and Martin Garcia Bar was a "bar".