A Treatise on the Law of Charter-parties

Front Cover
Stevens, 1894 - Charter-parties - 662 pages
 

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Contents

Diana The 1 W Rob 131 r 645
45
Marginal notes effect of
46
Hall 3 Asp ML C N S 4V 37 L T 70 84
48
Whether usage must be known to party to be charged
56
Lopes 10 East 526 478495
61
12 East 496n 145
70
Merrill 2 Cur C C 8 597
73
Owners may be restrained from using ship inconsistently with
96
Rights of purchaser ?
98
Reid 5 B A 597 1 D R 207 594
103
Liverpool Mar Credit Co t Wilson L R 7 Ch 507 41 L J
107
Who may or may not sue on the contract
108
Effect of two chartersbeing entered into for separate voyages
115
Stewart L R 13 Q B D 317 53 L J Q B 173
121
When shipper has Sio notice of the charterparty
128
AVhere shipper has notice of the charterparty
134
Newberry 8 B C 166 1 C F 283
136
Fry 2 B A 421 142143 175 179 466
142
Measure of damage
143
Name of vessel
151
Henderson 3 B P 499 153154
153
Clapham ? Cologan 3 Camp 382
154
Classification of ship
166
Full and complete cargo
175
Greaves 2 Camp 627 493
177
About meaning of
186
Or other lawful merchandise m
196
Virtue 13 L J Q B 2 D M 343 5 Q B 265 8
201
Now on her passage to C
207
Taylor L R 1893 2 Q B 274 63 L J Q B 15 169
212
Morrison Parsons 2 Taunt 407 476499
216
Voyage must be commenced without delay
217
To proceed to a port as oodered
224
Or so near thereto as she can safely get
232
To proceed to L and there load
242
Smythe 5 Taunt 654 1 Mars 27fl 189 367
243
Northern Mar Ins Co L R 13 App Cum 717 15
246
Safe port
249
Vessel to be tight staunch and strong and every way fitted for
256
Amiesot Stevens 1 Str 127 259 568
259
Davidson L R 2 Q B D 455 46 L J Q B 305 3
260
Notice of arrival at port of loadingreqnired
268
Hammack t White 11 C B N S 588 31 L J C P 129 622
271
Hinde B R Ir 12 C L 113
278
Satterfield L R 3 C P 227 37 L J 0 P 144
322

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Common terms and phrases

Popular passages

Page 140 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 165 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 560 - ... if, on such a reference, one party fails to appoint an arbitrator, either originally, or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent: Provided that the High...
Page 559 - If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings...
Page 560 - Judge may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference, and make an award as if he had been appointed by consent of all parties.
Page 140 - ... special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage...
Page 31 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 140 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Page 560 - ... does not show that it was intended that the vacancy should not be supplied...
Page 618 - I conceive to be this : where a vessel takes the ground in the ordinary and usual course of navigation and management in a tide river or harbour, upon the ebbing of the tide, or from natural deficiency of water, so that she may float again upon the flow of tide or increase of water, such an event shall not be considered a stranding within the sense of the memorandum.

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