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Ivy v. Security Barge Lines - Federal Court of Appeals for Fifth Circuit - Nov. 13, 1979;
DoCarmo v. F.V. Pilgram I Corporation - Federal Court of Appeals for First Circuit - Dec. 28, 1979
It is an established rule in U.S. maritime law that damages recovered in a wrongful death action are limited to pecuniary loss. The Death on the High..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Adelaide Shipping Lines, Ltd. v. Sunkist Growers, Inc. (9th Cir., 1979) 8 March, 1979
Petition for certiorari, 79-73, filed July 16, 1979, the dual nature of fire defences in the United States is questioned and decided negatively. In the 1936 COGSA (46 U.S.C. 1308) the 1851 Fire Statute (46 U.S.C. 182) is specifically preserved - the..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Rederei Kommanditselskaabet Merc-Scandia IV v. A. Couniniotis S.A. (The Mercanaut) - Mr. Justice Lloyd - Q.B. (Com.Ct.) - Jan. 25, 1980
A booking note contained a London arbitration clause. The bill of lading covering the shipment of cargo thereunder, provided for settlement of disputes in the Danish Courts.
The charterers alleged that the shipment arrived late and claimed damages..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Pharoahs Plywood Co. Ltd. v. Allied Wood Products Co. (Pte) Ltd. - Lord Denning, M.R. and Lord Justice Ackner - Court of Appeal - Jan. 18, 1980
Allied Wood (Allied) had borrowed money from the Bank of America National Trust and Savings Association in order to purchase timber. They sold the timber through Pharoahs, who acted as their agents, to buyers in London. Some of the timber went to..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Water in hold - Whether vessel fitted for ordinary cargo service - 3/80
A vessel under time charter docked at 04 00 hours and at 09 00 hours a surveyor had refused to pass a hold as suitable for loading cargo due to the presence of puddles to water. The charter-party provided inter..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Charterers’ liability for redelivery with short supply of diesel oil - 4/80
A time charter called for delivery of a vessel with “about 20 metric tons of diesel oil and to be redelivered with the same quantities”.
The vessel was delivered with 13.146 tonnes of diesel and redelivered with only 6.5 tonnes. The..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Claybridge Co., S.A. v. Transbulk, Ltd.: the Vessel Nestor et al. v. North Pacific Grain Growers Inc., and Cargill Inc. - Magistrate Edward Leary - U.S. District Court (Oregon) - Jan. 18, 1980
Plaintiff charterers applied for an injunction requesting that the defendant owners be ordered to return control of the vessel, Nestor
, to the extent of the charter-party the plaintiffs and defendants had entered into; alternatively that the..
Online Published Date:
07 February 1980
Appeared in issue:
7 - 07 February 1980
Nippon Yusen Kaisha v. Pacifica Navegacion S.A. (The Ion) - Mr. Justice Mocatta - Q.B. (Com.Ct.) - Feb. 12, 1980
The defendants chartered their vessel Ion
to the plaintiffs on a New York Produce Exchange Form dated Mar. 14, 1977. Clause 51 of the charter-party expressly provided that the New York Inter Club Agreement for cargo claims would apply. The..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Richmond Shipping v. D/S A/S Vestland (Richard Ainslie & Co. A/S) of Hargesund - Mr. Justice Mocatta - Q.B. (Com.Ct) - Feb. 7, 1980
Under a Linertime charter the Vestland
was hired for a period of about three years, and then sub-chartered to carry titanium slag from Sorel to West Hartlepool. The slag was discharged at Antwerp and Vestland
sailed to Montreal where she was..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
“About 14¾-15 knots” - 5/80
A vessel was chartered to the claimants on a New York Produce Exchange form. The relevant clauses read:
(a) Preamble. Capable of steaming fully laden under good weather conditions about 14�-15 knots on a..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Liability for delay in lightening vessel - 6/80
Under a time charter on the New York Produce Exchange form redelivery was stipulated “on dropping outward pilot Chalna or Chittagong”. The charter-party, at line 77, further provided that the Captain was “under the orders and..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Northeast Petroleum Corp. v. Kyriakou Shipping Co. - Senior Circuit Judge Aldrich - U.S. District Court - June 25, 1979
This case presented the problem of the proof needed to sustain the defence of the peril of the seas (Hague Rules art.IV(2)(c); 46 U.S.C. 1304(2)).
It has long been apparent that Courts in the United States have taken a stricter view of the proof..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Clary v. Ocean Drilling and Exploration - U.S. Court of Appeals (5th Circ.) - Jan. 15, 1980
A seaman was injured when he tripped over an eight inch steel plate welded to the deck of his ship. He alleged that it should have been painted yellow to make it more visible, in accordance with the regulations of the Occupational Safety and Health..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
Dravo Corporation v. Occupational Safety and Health Agency - U.S. Court of Appeals (3rd. Circ.) - Jan. 14, 1980
A shipbuilder?s structural shop was said by OHSA not to comply with its standards. Regulations issued by the Secretary of Labour limited OHSA regulations to maritime work on navigable waters, including dry docks, graving docks and marine railways...
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980
J.M. Martinac Shipbuilding Corporation v. Marshall - U.S. Court of Appeals (9th. Circ.) - Jan. 13, 1980
A corporation was accused of repeated violations of OHSA safety regulations requiring the guarding of hatches on vessels. The corporation’s defence was that it was not guilty of repeated violations because the charges related to different..
Online Published Date:
21 February 1980
Appeared in issue:
8 - 21 February 1980