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Insurers’ claim to set-off brokers’ debts against proceeds of marine insurance policy
Plaintiff shipowners effected a policy of marine insurance on their vessel, through insurance brokers, with the defendant insurers. The policy provided that all claims should be “collected through” the brokers. A loss occurred by an..
Online Published Date:
04 September 1980
Appeared in issue:
22 - 04 September 1980
Cost of additional cleaning of holds - 22/80
The question at issue was who should bear the costs of additional cleaning of an ore carrier for the carriage of sulphur. The charter provided that the vessel’s hold should be clean prior to loading to “sanitary authorities..
Online Published Date:
04 September 1980
Appeared in issue:
22 - 04 September 1980
Owners’ breach of obligation - 23/80
A subsidiary question arose as to whether the presence of loose rust scale on 60 per cent. of the bulkhead areas in the holds was a breach of the owners’ obligation properly to maintain the vessel and to deliver her “with clean swept..
Online Published Date:
04 September 1980
Appeared in issue:
22 - 04 September 1980
Liability for short delivery of bulk cargo - 24/80
Receivers claimed in respect of short delivery of cargo. They submitted that a bill of lading was issued evidencing shipment of 19,410 tonnes of fuel oil and only 18,832 tonnes had been discharged.
The ship’s figures showed that only 19,246..
Online Published Date:
04 September 1980
Appeared in issue:
22 - 04 September 1980
Allied International, Inc. v. International Longshoremen’s Association
The First Circuit Court of Appeals has held that the refusal of the International Longshoremen?s Association to load or unload Soviet vessels because of the Afghanistan situation does not constitute a restraint of trade within the meaning of the..
Online Published Date:
04 September 1980
Appeared in issue:
22 - 04 September 1980
U.S. v. Ward - U.S. Supreme Court - Justices Rehnquist, Brennan, Stewart, White, Blackmun, Marshall and Chief Justice Burger - Justice Stevens dissenting - June 27, 1980
The Supreme Court has upheld the constitutional validity of a provision in the
federal pollution law requiring self reporting of spills. Failure to report subjects the spiller to a fine of up to $10,000 and the report can lead to the imposition of..
Online Published Date:
04 September 1980
Appeared in issue:
22 - 04 September 1980
The Aifanourios
A mutual protection and indemnity association (club), brought an Admiralty action in rem
and in personam
in a Scottish Court against the defendant Greek owners of the motor vessel Aifanourios
claiming U.S.$26,370 in respect of P. & I. Club..
Online Published Date:
18 September 1980
Appeared in issue:
23 - 18 September 1980
NYPE Form - Off-hire clause - 25/80
The ship grounded, due to no fault on either owners’ or charterers’ part, at the anchorage outside her discharging port into which she would have gone to discharge one day later. She was refloated 10 days later and lost her turn. She had..
Online Published Date:
18 September 1980
Appeared in issue:
23 - 18 September 1980
NYPE Form - Delivery and counting of hire - 26/80
The charter-party provided for the ship to be placed at the disposal of charterers “on taking inward harbour pilot X (name of port) any time day or night . . .” The last sentence of cl.5 (time to count) of the printed form was deleted...
Online Published Date:
18 September 1980
Appeared in issue:
23 - 18 September 1980
Nissho v. Iwai Co. Ltd. v. M/T Stolt Lion (U.S. Court of Appeals 2nd Cir.)
The Court reversed judgment from the Southern District of New York which had denied liability for failure to prove fault in an action brought by time charterer against shipowner for contamination damage to a cargo of 1500 metric tons of liquid..
Online Published Date:
18 September 1980
Appeared in issue:
23 - 18 September 1980
Baptiste v. California Superior Court for Los Angeles (California Court of Appeals)
The plaintiff sought compensatory and punitive damages from the owner of vessels in which he had served. He alleged that he worked in the engine-rooms of these vessels for many years without knowing the danger from excessively high noise levels. He..
Online Published Date:
18 September 1980
Appeared in issue:
23 - 18 September 1980
Gordon H. Mooney, Ltd. v. Farrell Lines, Inc. and Maislin Transport of Delaware (U.S. Court of Appeals 2nd Ct.)
A judgment for shipper against ocean carrier only was reversed with a remand to the District Court for a determination that both ocean carrier and road carrier were jointly liable for the loss.
Involved here was a refrigerated container of frozen..
Online Published Date:
18 September 1980
Appeared in issue:
23 - 18 September 1980