Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MIDLAND SILICONES, LTD. v. SCRUTTONS, LTD.

[1961] 2 Lloyd's Rep. 365

HOUSE OF LORDS

Before Viscount Simonds, Lord Reid, Lord Keith of Avonholm, Lord Denning and Lord Morris of Borth-y-Gest

Bill of lading-Damage to cargo after discharge -Negligence of stevedores-Bills of lading incorporating U.S. Carriage of Goods by Sea Act, 1936, and limiting carriers' liability to 500 dols. per package - Whether stevedores protected. Stevedores - Negligence - Damage to cargo after discharge-Claim by cargo-owners- Whether stevedores entitled to protection of bill of lading. Negligence - Whether tortfeasor entitled to benefit of contract between injured party and third party. Practice-"Ratio decidendi" of House of Lords.

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