MARSTON EXCELSIOR LTD. v. ARBUCKLE, SMITH & CO. LTD.

[1971] 2 Lloyd's Rep. 306

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Phillimore and Lord Justice Orr

Carriage of goods - Forwarding agents - Arrangements made by English forwarding agents for carriage of a cold box weighing about 65 tons from Tilbury to Austria - "Abnormal indivisible load" - Permits not obtained by Bavarian road carrier - Load delayed at Bamberg - Liability of English forwarding agents - Whether agents in breach of duty to exercise reasonable skill and care or in breach of warranty - Whether breach fundamental - Applicability of Standard Trading Conditions of the Institute of Shipping and Forwarding Agents.