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accident affreightment agent App.Cas appears apply arbitration arising barratry bill of lading Blue Star Line breach British broker cargo carried carrier caused charter charterer's charterparty claim Clan Maclaren clause collision Com.Cas condition consignee construed contract of carriage Court of Appeal cover custom decision delivered Devlin discharge due diligence effect entitled express fact Fed.Rep freight frustration Hague Rules Harter Act held hire House of Lords Ibid implied incorporated indorsee infra intended L.J.Adm liability limited Line Liverpool Lloyd's Rep loading London Lord Atkin Lord Sumner Lord Wright loss or damage Marine master meaning Merchant Shipping Act navigation negligence obligation owners parties payable performance person plaintiffs port question reasonable regard restraint of princes risk sailing Scrutton Sea Act seaworthy servants Sess.Cas ship's shipment shipowner shipowner's shipper steamer Steamships supra trade transhipped unless unseaworthiness vessel voyage warranty words