Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

ALBACORA S.R.L. v. WESTCOTT & LAURANCE LINE, LTD.

[1966] 2 Lloyd's Rep. 53

HOUSE OF LORDS

Before Lord Reid, Lord Guest, Lord Pearce, Lord Upjohn and Lord Pearson

Carriage by sea-". . . properly and carefully . . . carry"-Inherent vice-Latent defect in cargo - Negligence - Onus of proof - Inevitable damage to cargo of fish by "reddening"-Liability of shipowners- Carriage of Goods by Sea Act, 1924, Schedule, Art. III, r. 2, Art. IV, r. 2 (m), (p)-Meaning of "properly"-Damages- Proof of damage. Practice-Departure from pleaded case- Timeous objection necessary by other party.

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