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action affreightment agreed agreement amount appointed arbitrator arising arrival authority barratry berth bill of lading Bing bound breach broker Bute Dock Captain carry cesser clause charter-party charterer claim coals complete cargo condition precedent consignees contract Court custom damages defendants delay deliver delivery demurrage detention dunnage entitled freight freighter full and complete full cargo held House of Lords intention L. J. Ex lay-days liable lien Liverpool load a cargo load a full London Lord Lord Esher loss Lowestoft meaning ment merchant mortgagee named navigation negligence owner paid parties payable payment perils person plaintiffs port of discharge port of loading proceed quay question rate of freight ready reasonable receive refused safe port sail seaworthiness ship ship's shipowner shipper sign bills steamer stevedore stipulation stowage stowed tion United Kingdom unloading vessel voyage warranty words
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.