- Home/Publications/Lloyd's Maritime Law Newsletter
President of India v. Jebsens (U.K.) Ltd. (The General Capinpin) - House of Lords (Lord Keith, Lord Brightman, Lord Templeman, Lord Griffiths and Lord Goff) - 25 October 1990
The General Capinpin
was chartered for the carriage of a cargo of wheat from the U.S. Gulf to the east coast of India. Clause 14(a) of the charter provided:
Cargo to be discharged by the consignees’ stevedores, free of risk and expense to..
Online Published Date:
03 November 1990
Appeared in issue:
287 - 03 November 1990
Compagnie Commerciale Sucres et Denrees v. Czarnikow Ltd. (The Naxos) - House of Lords (Lord Bridge, Lord Brandon, Lord Ackner, Lord Oliver and Lord Jauncey) - 11 October 1990
Czarnikow contracted to purchase from Compagnie Commerciale a quantity of white crystal sugar on f.o.b. stowed terms. Clause 7 of the sale contract provided that the sellers were to deliver to one or more vessels presenting ready to load during..
Online Published Date:
03 November 1990
Appeared in issue:
287 - 03 November 1990
Hyundai Merchant Marine Co. Ltd. v. Gesuri Chartering Co. Ltd. (The Peonia) - Court of Appeal (Slade, Balcombe & Bingham L.JJ.) - 16 October 1990
The vessel Peonia
was chartered on the N.Y.P.E. form. The charterparty provided:
line 13
. . . the said Owners agree to let, and the said Charterers the said vessel, from the time of delivery for
line 14
about minimum 10 months maximum 12 months..
Online Published Date:
03 November 1990
Appeared in issue:
287 - 03 November 1990
Gotco N.V. v. Texaco Panama Inc. (The Narnian Sea) - J. Bond Smith Jr. (Chairman), Jack Berg and David W. Martowski -
30 March 1990
The vessel Narnian Sea
was chartered on the Texacotime 2 form for a term of one year. By clause 3 of the charter, the charterers had the option of continuing the charter for a further period of 6 months on the giving of 30 days..
Online Published Date:
03 November 1990
Appeared in issue:
287 - 03 November 1990
Etablissements Soules et Cie v. Intertradax S.A. (The Handy Mariner) - Court of Appeal (Neill, Stocker & Staughton L.JJ.) -
8 October 1990
On 25 June 1987 the parties, who were both French companies, concluded a contract for the sale of 5,000 tons of Chinese sweet potatoes. The sellers were Intertradax and the buyers were Etablissements Soules et Cie. There were two..
Online Published Date:
17 November 1990
Appeared in issue:
288 - 17 November 1990
The Al Tawwab - Court of Appeal (Lloyd and Stocker L.JJ. and Sir George Waller) - 8 November 1990
The vessel Sardinia Sulcis
was damaged by the vessel Al Tawwab
in April 1979. At the time, the Sardinia Sulcis
was on time-charter to Kawasaki Kishen Kaisha Ltd (“KKK”), who paid for the repairs. KKK sought to recover the cost of the..
Online Published Date:
17 November 1990
Appeared in issue:
288 - 17 November 1990
A. C. Toepfer International GmbH v. Nidera Handelscompagnie B.V. - N.S.W. Court of Appeal (Mahoney, Priestley and Handley JJ.A.) - 16 October 1990.
Nidera (“the sellers”) contracted to sell to Toepfer (“the buyers”) 35,000 tonnes of barley on an f.o.b. basis. Nidera had itself contracted to buy the barley from Romak SA. The shipment period was to be April or May 1986, to..
Online Published Date:
17 November 1990
Appeared in issue:
288 - 17 November 1990
Aetna Casualty and Surety Co. v. Eberheim - State of Connecticut Superior Court (Sidney S. Landau J.) - 1990 A.M.C. 2226
Mr. Eberheim insured his boat under a policy taken out with the plaintiff insurance company. The policy insured the boat against “all risks of direct physical loss from any external cause”. The policy defined “all risk” as..
Online Published Date:
17 November 1990
Appeared in issue:
288 - 17 November 1990