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Lloyd's Maritime Law Newsletter

Ilyssia Compania Naviera S.A. v. Ahmed Bamaodah (The Elli 2); Kition Compania Naviera S.A. v. Ahmed Bamaodah (The Toulla); Lemythou Compania Naviera S.A. v. Ahmed Bamaodah (The Eleni 2) - Court of Appeal (Ackner & May L.JJ.) - 9 November 1984

Cargo delivered by ship to receiver - Whether contract to be implied on bill of lading terms - Proper law of implied contract

This case is a modern illustration of the principle in Brandt v. Liverpool Brazil & River Plate Steam Navigation Co. Ltd. [1924] 1 K.B. 575, i.e. where a party presents a bill of lading to the shipowner, pays the freight and takes delivery of the goods, the court may imply a contract by the shipowners to make delivery to that person on the terms of the bill of lading, so far as they were applicable to the circumstances at the time of delivery.

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