Carriage by sea-Damage to cargo-Inherent vice- Ventilation - Bad stowage- Cocoa (stowed in hold under 'tween deck containing logs) delivered moisture damaged-Dispute as to source of moisture causing damage- Onus of proof-Liability of shipowners.
Contract-Uncertainty-Contractual quantity left for determination between parties- Whether contract was binding-No agreement on quantity-Whether arbitration clause filled contractual lacuna or contract was terminated by operation of law. -Breach-Assessment of damages- Determination of (i) period contract would have subsisted if not wrongfully repudiated and (ii) quantity of contractual goods upon which damages fell to be assessed.
Collision-Subsequent sinking-Negligent failure to take assistance-Novus actus interveniens-Liability of other vessel. Negligent navigation-Sinking of vessel after collision-Negligent failure to take assistance -Novus actus interveniens-Liability of other vessel.
Bill of lading-". . . cause beyond Carrier's control such as . . ."-Delay anticipated at port of discharge-Cargo discharged at convenient port under clause giving shipowner liberty to discharge at convenient port-Whether delay was cause within clause -Whether delay anticipated to be for unreasonable time-Liability of cargo-owners for freight-Liability of shipowners for forwarding expenses.
Shipbuilding and Ship-repairing Regulations, 1960-Safe means of access-Obstruction on ship's deck-Injury to ship's painter- Liability of employers-Whether ship's deck was means of access or place of work- Regulation 6. Master and servant-Unnecessary risk- Obstruction on ship's deck-Injury to ship's painter-Duty on employers to remove obstruction.
Carriage by air-Passenger ticket and baggage check-Notification of limitation of liability under Warsaw Convention virtually invisible -Effect on liability of carrier-Whether notification required on ticket and check- Warsaw Convention, 1929, Arts. 3, 4.
Contract-Passenger-Free pass-Whether a licence or a contract-Effect of Road Traffic Act, 1960, Sect. 151. Licence - Passenger - Free pass - Alleged implied promise by passenger not to sue employees-Right of employers to order staying proceedings. Practice-Stay of proceedings-Alleged fraud on Corporation by holder of free pass in claim against Corporation's servant- Liability of Corporation to indemnify servant-Whether Corporation entitled to order staying proceedings-Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 41-County Courts Act, 1959, Sect. 103.
Shipbuilding and Ship-repairing Regulations, 1960-Safe means of access-Ladder from quay in dock to tug under repair- Dangerous angle-Marine engineer's fatal fall - Foreseeability - Liability of dock owners-Regulation 6. Master and servant-Unnecessary risk- Ladder from tug to quayside-Dangerous angle - Marine engineer's fatal fall - Foreseeability-Liability of employers.
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).
Third Parties (Rights against Insurers) Act, 1930-Indemnity "against all sums . . . Insured . . . legally liable to pay"-"3. No admission . . . shall be made . . . by . . . the Insured"-Whether injured third party entitled to claim against insurers of bankrupt although amount of liability had not been determined-Effect of Condition 3.
Carriage by sea - Damage to cargo - Negligence of second engineer in operating valves - Due diligence - Negligence of shipowners in engaging incompetent engineer-Absence of plan of piping system-Liability of shipowners-Canadian Water Carriage of Goods Act, 1936, Art. IV, r. 2 (a). -Unseaworthiness - Incompetent second engineer-Absence of piping plan. -Due diligence-Negligence of shipowners in engaging second officer and in not providing piping plan.
Carriage by air-Delay due to carrier's negligence-Alleged consequential loss- Whether damnified person (not consignor or consignee) could sue carrier-Liability of carrier-Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order, 1953 (No. 1206). Principal and agent-Contract for carriage by air-Alleged loss due to delay-Whether consignor acting as agent of damnified person. Contract-Fundamental breach. -Third party's right to sue. Negligence-Delay in carriage-Alleged consequential loss-Liability of carrier to person damnified. Bailment and sub-bailment - Liability for delay.
Arbitration - Extension of time - Whether undue hardship would otherwise be caused -Meaning of "undue hardship"-Reversal of trend giving narrow meaning to those words. Practice-Interference with Judge's discretion.
Practice-Order 14 proceedings on bill of exchange-Whether a "triable issue." Bankruptcy - Fraudulent preference - Action on bill of exchange by holder-Whether preference by drawer of bill. -Acceptance of bill of exchange allegedly induced by fraud.
Docks Regulations, 1934-Unfenced gantry- Injury to dock worker-Liability of occupier of warehouse-Regulation 1-Meaning of "wharf, or quay". Master and servant-Unnecessary risk- Unfenced gantry-Injury to dock worker- Liability of employers.
Collision-Vessels picking up and dropping pilots-Look-out-Duty to make sound signals-Collision Regulations, 1954, Rule 28 -Meaning of "in sight"-Maritime Conventions Act, 1911, Sect. 1. Costs-Special order.
Master and servant - Unnecessary risk - Alleged lack of instruction or supervision -Injury to employee while slinging timber -Liability of employers. Factories Act, 1961 - Safe premises - Obstructed floor-Injury to employee while slinging timber-Liability of employers.
Practice - Order 14 proceedings on bills of exchange by indorsees - Set-off and cross-claim against drawers raised by acceptors - Whether available against indorsees. Bill of exchange - Claim against acceptors by holders in due course - Whether holders for value - Whether set-off and cross-claim by acceptors against drawers available against holders.
Conflict of laws-United States-Wrongful death statute of locus delicti embodying limitation on damages-Whether applicable by forum-Effect of domicile of beneficiaries. Carriage by air-Death of passenger-Whether action by executor governed by lex loci delicti or proper law of tort.
Charter-party-Hatches opened and closed during discharge of cargo-Whether shipowners or chatterers liable for cost under f.i.o. charter-party. Arbitration-Award-Incorrect description of parties by umpire-Comments by Court.
Sale of goods-Agency-Whether purchasers acting as agents of undisclosed principals -Fraudulent misrepresentation by alleged undisclosed principals-Whether contract enforceable by purchasers. Contract-Circle contract-Fraudulent misrepresentation-Enforceability of contract. Damages-Assessment-Date.
Sale of goods-Quality-Potatoes "suitable for Poland"-Whether express term; collateral oral warranty; or implied condition of suitability existed-Rebuttal of presumption that buyers relied on sellers' skill and judgment-Sale of Goods Act, 1893, Sect. 14 (1) (2).
Companies Act, 1948-Proceedings on inspector's report against company's bank- Whether Bank within Sect. 169 (4)-Meaning of "or other misconduct"-Whether Bank's alleged neglect was "in connection with" management of company's affairs.
Carriage by sea-Limitation of action-". . . unless suit is brought within one year after delivery of the goods . . ."-Meaning of "delivery"-Whether cargo-owners' action was time barred-Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 6.
Admiralty practice-Security-Attempt to maintain bail as security for payment of arbitration award-Purpose of action in rem. -Bail bond-Irregular form-Effect. -Order for delivery of statement of claim within certain time or action to be dismissed. -Vexatious proceedings - Arbitration and action in respect of same matter- Attempt to maintain bail as security for payment of arbitration award-R.S.C., Orders 18, r. 1; 19, r. 1; 75, r. 16; Appendix B, Form 11.
Master and servant-Unnecessary risk- No look-out posted to warn of any danger- Lighting-Dismantling of trunk of grain discharging unit-Injury to docker-Liability of employer-Docks Regulations, 1934- Regulation 3.
Negligence-Vicarious liability-Hired crane and driver-Dock worker struck by set of cargo-Liability of employers and/or owners of crane. Master and servant-System of working-Dock worker struck by set of cargo-Whether crane operating blind-Liability of employers.
Waters-Tidal waters-Right to fix permanent moorings in bed of tidal waters. Trespass-Extent of possession required to found action against persons fixing moorings in bed of tidal waters. Navigation-Permanent moorings-Whether an ordinary incident to navigation exercisable without permission of possessor or owner of bed of tidal waters-Meaning of "ordinary incident of navigation". Custom-Right to fix moorings in bed of tidal waters.
Contract-Implied term-Optional methods of performance-Whether implied obligation to notify method chosen. Sale of ship - Agreement - Construction- Optional methods of performance-Whether notice of choice of method required. Ship's mortgage-Payment-Optional methods -Whether mortgagor under duty to give notice to mortgagee as to his choice of method-Whether mortgagor gave such notice.