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ARTA SHIPPING CO. LTD. v. THAI EUROPE TAPIOCA SERVICE LTD. (THE "JOHNNY")

[1977] 2 Lloyd's Rep. 1

Charter-party (Time)-Hire-Redelivery-Vessel chartered for 11/13 months-Charterers fixed vessel for legitimate last voyage Continent to Karachi-Vessel redelivered 29 days late-Whether hire for 29 days to be based on market rate for a time charter "trip" or market rate for an 11/13 months time charter-Baltimore charter-party, cl. 7.

PORT SUDAN COTTON CO. v. GOVINDASWAMY CHETTIAR & SONS

[1977] 2 Lloyd's Rep. 5

Sale of goods (f.o.b.)-Non-delivery-Validity of contract-Goods to be shipped "Destination India"-Buyers intended goods to be shipped to Rumania-Sellers refused to ship goods-Whether buyers entitled to have goods shipped irrespective of destination-Whether cables between buyers and sellers varied contract-Whether sellers estopped from relying on clause "Destination India".

THE "GENIMAR"

[1977] 2 Lloyd's Rep. 17

Collision - Crossing vessels - Vessels proceeding in opposite direction in Dover Strait - Traffic separation scheme in existence - Visibility Varying between three and four miles - One vessel proceeding in wrong lane in contravention of traffic separation scheme - Apportionment of liability - Collision Regulations, rr 19, 21.

COMPANIA DE NAVEGACION POHING S.A. v. SEA TANKER SHIPPING (PTE) LTD. (THE "BUENA TRADER")

[1977] 2 Lloyd's Rep. 27

Sale of ship - Contract - Whether contract between buyer and seller in existence - Buyers refused to accept delivery - Whether continuous machinery survey cycle "up to date" at time of delivery - Whether sellers under implied obligation to notify classification society of defects affecting vessel's class.

E.D. & F. MAN LTD. v. NIGERIAN SWEETS & CONFECTIONERY CO. LTD.

[1977] 2 Lloyd's Rep. 50

Banking - Irrevocable letter of credit - Sale of goods - Sellers and bank treated letters of credit as mere formality - Insolvency of issuing bank - Whether letters of credit absolute payment discharging buyers from liability - Whether letters of credit analogous to bill of exchange - Whether sellers could look to buyers for payment.

SALSI v. JETSPEED AIR SERVICES LTD.

[1977] 2 Lloyd's Rep. 57

Carriage by air - Breach of contract - Principal and agent - Plaintiff chartered aircraft through defendants for carriage of goods from Rome to Lagos - Flight failed to take place - Whether defendants acting as principals or agents - Whether plaintiff entitled to return of deposit - Whether defendants could rely upon standard trading conditions of Institute of Freight Forwarders.

GEISMAR v. SUN ALLIANCE AND LONDON INSURANCE LTD AND ALLIANCE ASSURANCE CO. LTD.

[1977] 2 Lloyd's Rep. 62

Insurance (Theft) - Indemnity - Contents of house insured - Insured imported dutiable articles but failed to pay duty - Articles stolen - Whether insurers relieved from indemnifying insured on ground of public policy - Whether insurers would commit a criminal offence if insured indemnified for loss of articles - Customs and Excise Act, 1952, s.304.

HOLLINGWORTH v. SOUTHERN FERRIES LTD. (THE "EAGLE")

[1977] 2 Lloyd's Rep. 70

Contract - Carriage by sea - Exemption clause - Intending passenger leaving holiday travel arrangements to friend - Friend given shipowners' brochure by travel agent - Brochure containing exemption clause - Friend subsequently given ticket also containing exemption clause - Both clauses read by friend - Passenger injured when restaurant chair fell during storm at sea - Whether shipowners negligent - Whether shipowners could plead exemption clause as defence. Damages - Quantum - Plaintiff aged 71 - Back injury - Pain in back at all times - Plaintiff rendered less mobile - Inability to raise left leg without difficulty - Muscles of left hip, knee and foot weakened.

CANADIAN PACIFIC AIRLINES LTD. v. MONTREAL TRUST CO., ROBERT JACK STAMPLEMAN AND ARTHUR HOWARD STAMPLEMAN

[1977] 2 Lloyd's Rep. 80

Carriage by air - Limitation of Liability - Crash of aircraft at Tokyo - Passengers killed - Whether airline entitled to limit liability for death and loss of baggage - Warsaw Convention and Hague Protocol arts. 3, 4 - Canada.

SEA-LAND SERVICE INC. v. AETNA INSURANCE CO. (THE "BEAUREGARD")

[1977] 2 Lloyd's Rep. 84

General average - Towage - Vessel stranded in harbour - Tug engaged to tow her off strand - Tow-line snapped - Vessel pushed sideways by wind and waves - Bottom damage suffered - Claim by shipowners for general average contribution for costs of towage and bottom damage - Whether bottom damage "direct consequence" of general average act - York-Antwerp Rules 1950, rr.A,C,E - United States.

THE "NOWY SACZ"

[1977] 2 Lloyd's Rep. 91

Collision-Crossing/overtaking vessels-Collision at night in clear weather-Vessels proceeding in same direction - Liability for collision - Whether crossing rules or overtaking rules applied - Apportionment of liability - Regulations for Preventing Collisions at Sea, 1960, rr. 19, 21 proviso.

THE "BERWYN"

[1977] 2 Lloyd's Rep. 99

Limitation of liability - Wreck removal - Statutory debt - Harbour authority removed sunken ship - Whether entitled to recover costs of removal as statutory debt - Whether shipowners' liability limited - Mersey Docks and Harbour Board Act, 1954, s. 3 (3) - Merchant Shipping Acts, 1894 to 1974.

JOHN HAYTER MOTOR UNDERWRITING AGENCIES LTD. v. R.B.H.S. AGENCIES LTD.

[1977] 2 Lloyd's Rep. 105

Practice - Procedure - Injunction - Passing off - One motor underwriting syndicate at Lloyd's alleged to be passing itself off as another syndicate - Application by other syndicate for interlocutory injunction to restrain such passing off - Whether confusion between syndicates likely to arise - Whether interlocutory injunction should be granted.

THE "POLO II"

[1977] 2 Lloyd's Rep. 115

Admiralty practice - Action in rem - Costs - Arrest of vessel - Admiralty Registrar made order for costs - Whether plaintiffs could appeal against order - Whether Admiralty Registrar had erred in exercise of his discretion - Supreme Court of Judicature (Consolidation) Act, 1925, s. 50.

MOSCOW V/O EXPORTKHLEB v. HELMVILLE LTD. (THE "JOCELYNE")

[1977] 2 Lloyd's Rep. 121

Charter-party (Voyage) - Arbitration clause - Stay of action - Clause stating that all claims barred if arbitrator not appointed by claimant within stated period after delivery of goods - Charter-party to be superseded by bill of lading if bill of lading in specified form - Bill of lading issued but not in specified form - No arbitration clause in bill of lading - Goods damaged - Action brought by charterer against shipowner - Application by shipowner for stay of action - Whether charter-party including arbitration clause still governed relationship between parties. Arbitration - Appointment of arbitrator - Court's power to extend time for appointment - Factors to be considered - "Undue hardship" - Arbitration Act 1950, s. 27.

ISMAIL v. THE POLISH OCEAN LINES

[1977] 2 Lloyd's Rep. 134

Arbitration - Award - Notice of motion to remit - Extension of time - Award published more than eight months before notice of motion issued - Notice of motion out of time - Whether owners application for extension of time ought to be granted - R.S.C., O.3, r. 5(2), O. 73, r. 5(i) (a).

MINERACOAS BRASILIERAS REUNIDAS v. E.F. MARINE S.A. (THE "FREIGHTS QUEEN")

[1977] 2 Lloyd's Rep. 140

Conflict of laws - Proper law - Bill of lading - Whether bill of lading governed by English law - Service of writ out of jurisdiction - Whether Court in the exercise of its discretion should have granted leave - Whether writ and all subsequent proceedings should be set aside.

INTERTRADEX S.A. v. LESIEUR-TOURTEAUX S.A.R.L.

[1977] 2 Lloyd's Rep. 146

Sale of goods (c.i.f.) - Non-delivery - Frustration - Force majeure - Sale of Mali groundnut expellers - Sellers unable to deliver because of interruptions in supply of raw materials and/or breakdown of machinery - Whether contract frustrated - Whether sellers could rely on cl. 22 - GAFTA 100.

TRADAX EXPORT S.A. v. CARAPELLI S.P.A.

[1977] 2 Lloyd's Rep. 157

Sale of goods (f.o.b.) - Prohibition - Circle contract - Whether telex agreement of April/May 1973 established a circle - Whether buyers liable to sellers - Whether buyers entitled to rely on prohibition clause - GAFTA contract form No. 119, cl. 23.

ANDRE & CIE. S.A. v. ETS. MICHEL BLANC & FILS

[1977] 2 Lloyd's Rep. 166

Sale of goods (c.i.f.) - Prohibition - U.S. Government restricted export of soya bean meal to 40 per cent. - Sellers requested extension of time - Buyers accepted 40 per cent. of June shipment - Whether sellers released from obligation to ship balance - Whether sellers protected by cl. 21 of GAFTA 100 - Whether sellers misrepresented American regulations - Misrepresentation Act, 1967, s.2(1).

FOTHERGILL v. MONARCH AIRLINES LTD.

[1977] 2 Lloyd's Rep. 184

Carriage by air - Limitation of liability - Damage to luggage - Loss of part of contents - Notice of claim given over a month later - Carrier rejected claim as being out of time - Whether "damage" in art. 26 of the warsaw Convention included loss of contents of registered baggage - Whether notice given sufficient - Warsaw Convention, arts. 4(1)(c), 18(1), 19, 22(2)(b), 26.

K. CHELLARAM & SONS (LONDON) LTD. v. BUTLERS WAREHOUSING AND DISTRIBUTION LTD.

[1977] 2 Lloyd's Rep. 192

Warehousekeeper - Lien - General lien - Contract between warehousekeeper and customers giving general lien over goods for money due from customers and goods owners - Whether general lien effective against goods owner - General Conditions of Contract of National Association of Warehousekeepers, cl. 8.

PRACTICE NOTE

[1977] 2 Lloyd's Rep. 199

Adjournment of motions

CZARNIKOW LTD. v. CENTRALA HANDLU ZAGRANICZNEGO "ROLIMPEX"

[1977] 2 Lloyd's Rep. 201

Sale of goods (f.o.b.) - Prohibition of export - Force majeure - Sugar sold to English merchants by Polish state enterprise - Clause in contract excusing non-delivery caused by force majeure including government intervention - Export of sugar forbidden by decree of Polish government - Whether sellers could rely on clause.

THE "GIACINTO MOTTA"

[1977] 2 Lloyd's Rep. 221

Collision - Damages - Limitation of liability - Both vessels equally to blame for collision - Cargo-owners claim settled in proceedings in United Stales - Whether damages recoverable in English proceedings included cargo claim - Whether amount of cargo claim could be taken into account in distribution of limitation fund - Maritime Conventions Act, 1911, s. 1 - Merchant Shipping Acts, 1894 to 1974.

IBRAHIM SHANKER CO. AND OTHERS v. DISTOS COMPANIA NAVIERA S.A. (THE "SISKINA")

[1977] 2 Lloyd's Rep. 230

Practice - Injunction - Non-payment of freight - Injunction to restrain removal or disposal of assets from within jurisdiction granted - Whether owners application to set aside writ and injunction should be granted - R.S.C., O. 11, r. 1 (1) (i).

THE "MYRTO"

[1977] 2 Lloyd's Rep. 243

Admiralty practice - Appraisement and sale of ship - Two mortgages on vessel executed by owners - Vessel subsequently let out under speculative charter-party - Mortgage debt not repaid - Vessel arrested - Application by mortgagees for order for appraisement and sale of vessel - Objection by owners - Application by charterers for release of vessel from arrest - Whether mortgagees' security impaired.

THE "CUNARD CARRIER", "ELERANTA" AND "MARTHA"

[1977] 2 Lloyd's Rep. 261

Charter-party (Voyage) - Demurrage - Cesser clause - Sale of goods - Charterers and/or receivers failed to pay balance of demurrage - Whether owners had effective lien over cargo - Expiry of limitation period in charter-party and GAFTA contracts - Whether owners' and charterers' application for extension of time should be granted - Arbitration Act, 1950, s. 27.

ATLANTIC SHIPPING CO. S.A. v. TRADAX INTERNACIONAL S.A. (THE "BRATISLAVA")

[1977] 2 Lloyd's Rep. 269

BEDFORD STEAMSHIP CO. LTD. v. NAVICO A.G. (THE "IONIAN SKIPPER")

[1977] 2 Lloyd's Rep. 273

Charter-party (Voyage) - Demurrage - Deadfreight - Charterers loaded less than nominated quality of wheat - No deduction made for deadfreight - Whether owners' claim for increased demurrage could be set off against overpayment by charterers in respect of deadfreight.

MARVIGOR COMPANIA NAVIERA S.A. v. ROMANOEXPORT STATE COMPANY FOR FOREIGN TRADE. (THE "CORINTHIAN GLORY")

[1977] 2 Lloyd's Rep. 280

Charterparty (Voyage) - General average - Cesser clause - Vessel out of repair - Voyage abandoned - Claim on cargo for general average - Owners imposed lien on cargo - Charterers promised general average bond but failed to supply it - Whether charterers liable to contribute in general average.

COMPANIA SUD AMERICANA DE VAPORES v. SHIPMAIR B.V. (THE "TENO")

[1977] 2 Lloyd's Rep. 289

Charter-party (Time) - Hire - Vessel unable to load full cargo due to breakdown in ballast pipe line - Whether charterers entitled to off hire claim - Whether charterers claim for unliquidated damages in respect of cargo shut out a defence - Whether set-off available against owners claim for balance of hire.

CANADIAN YACHT SALES v. MacDONALD

[1977] 2 Lloyd's Rep. 298

Sale of ship - Fundamental breach - Breach of warranty - Buyer examined boat at boat show - Buyer sailed boat during 1972 season - Finish of hull below waler line blistered - Whether doctrine of caveat emptor applied - Whether implied warranty as to the fitness of the boat for the purpose for which it was sold - Canada.

FEDERAL COMMERCE AND NAVIGATION CO. LTD. v. TRADAX EXPORT S.A. (THE "MARATHA ENVOY")

[1977] 2 Lloyd's Rep. 301

Charter-party (Voyage) - Demurrage - Arrived ship - Grain vessel anchored at Weser Lightship while waiting for berth at port of Brake - Vessel made two trips up River Weser to port of Brake and returned to Lightship - Whether vessel had "arrived" at port of Brake - Baltimore form C.

AMALGAMATED METAL CORPORATION LTD. v. KHOON SENG CO.

[1977] 2 Lloyd's Rep. 310

Arbitration - Award - Notice of appeal to be given within 21 days - Letter by sellers requesting extension - Extension granted subject to conditions - Conditions not complied with - Whether letter a valid notice of appeal - Whether award final and conclusive.

THE "DESPINA R"

[1977] 2 Lloyd's Rep. 319

Admiralty practice - Collision - Damages in foreign currency - Loss and expense incurred in foreign currencies - Whether damages could be awarded in foreign currency - Restitution in integrum - Whether damages awarded in foreign currencies on the basis of the currency of expenditure or loss solution - Effect of set-off where claims in different currencies.

BREMER HANDELSGESELLSCHAFT m.b.H. v. VANDEN AVENNE-IZEGEM P.V.B.A.

[1977] 2 Lloyd's Rep. 329

Sale of goods (c.i.f.) - Prohibition of export - Sale of U.S. soya bean meal c.i.f. Rotterdam - Embargo on export of soya bean meal imposed by U.S. Government - Whether sellers excused by terms of contract from failure to deliver - Whether contract frustrated - Whether buyers' rights under contract had been waived-GAFTA form 100.

GRANVIAS OCEANICAS ARMADORA S.A. v. JIBSEN TRADING CO. (THE "KAVO PEIRATIS")

[1977] 2 Lloyd's Rep. 344

Charter-party (Voyage) - Demurrage - Vessel earned demurrage at loading and discharging ports - Charterers denied liability for demurrage at discharging port - Whether existence of lien over cargo at discharging port sufficient to relieve charterers of liability. Arbitration - Special case - Abuse of procedure - Whether charterers' application for special case justified.

KRISTIANDSANDS TANKREDERI A/S AND OTHERS v. STANDARD TANKERS (BAHAMAS) LTD. (THE "POLYGLORY")

[1977] 2 Lloyd's Rep. 353

Charter-party (Time) - Safe port - Compulsory pilotage - Negligence - Damage caused to underwater pipe while vessel leaving berth - Whether port a "safe port" - Whether vessel could always lie safely afloat - Whether damage caused by negligence of compulsory pilot.

SEABRIDGE SHIPPING LTD. v. ANTCO SHIPPING LTD. (THE "FURNESS BRIDGE")

[1977] 2 Lloyd's Rep. 367

Charter-party (Voyage) - Arbitration - Restraint of princes clause - Outbreak of Arab-Israel war - Charterers unable to ship petroleum from Libya - Owners treated contract as repudiated - Whether charterers could rely on exception of restraint of princes - Whether charterers, on findings in award, had discharged burden of proof - Exxonvoy 1969.

TOEPFER v. SCHWARZE

[1977] 2 Lloyd's Rep. 380

Sale of goods (c.i.f.) - Prohibition - Non-delivery - Sale of U.S. soya bean meal c.i.f. Weser - Embargo on export imposed by U.S. Government - Whether sellers excused by terms of contract for failure to deliver - GAFTA form 100.

RASU MARITIMA S.A. v. PERTAMINA

[1977] 2 Lloyd's Rep. 397

Practice - Injunction - Charter-party - Non-payment of hire-Owners withdrew vessel- Owner's claimed damages for breach and repudiation of charter-party - Whether owners application for injunction to restrain removal or disposal of assets from within jurisdiction should be granted.

ARMADORA OCCIDENTAL S.A. & ORS. v. HORACE MANN INSURANCE CO.

[1977] 2 Lloyd's Rep. 406

Insurance (Marine)-Conflict of laws-Proper law of contract-Policies of insurance issued by American and other foreign companies-Policies contained "follow London" and New York suable clauses-Action brought in England- Whether application for leave to serve notice of writ out of jurisdiction should be granted- R.S.C., O. 11. r. 1(1)(f)(iii).

COOKSON v. KNOWLES

[1977] 2 Lloyd's Rep. 412

Damages - Fatal accident - Widow claimed damages-Date at which earnings to be ascertained and interest payable-Whether effect of inflation should be taken into account-Fatal Accidents Acts, 1846 to 1959-Law Reform (Miscellaneous Provisions) Act, 1934.

THE "ARAWA"

[1977] 2 Lloyd's Rep. 416

Admiralty practice-Bill of lading-Shipowners arranged lighterage of cargo from ship's side to wharf-Whether arrangements authorized by bill of lading-Damage to cargo caused by delays in landing-Whether shipowners liable for negligence of wharfinger-Whether shipowners protected by Hague Rules and/or exemption clauses in bills of lading-Hague Rules, arts. III (2), IV(2)(j), (q).

THE "THEODOHOS"

[1977] 2 Lloyd's Rep. 428

Admiralty practice-Action in personam-Writ served on president of shipowners-Whether service on shipowners-Whether R.S.C., O. 65, r. 3 applicable to foreign companies-Whether service could be effected on foreign company not carrying on business at a place within the jurisdiction- R.S.C., O. 65, r. 3-Companies Act, 1948.

A/S GUNNSTEIN & CO. K/S v. JENSEN, KREBS AND NIELSEN (THE "ALFA NORD")

[1977] 2 Lloyd's Rep. 434

Charter-party (Voyage) - Freight - Delays in course of voyage-Charterers withheld balance of freight-Whether charterers could set off unliquidated claim for damages against owners' claim for balance of freight-Gencon form.

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. SEABRIDGE SHIPPING LTD. (THE "METULA")

[1977] 2 Lloyd's Rep. 436

Charter-party (Voyage)-Freight-Vessel loaded 190,415 tons of petroleum-Vessel stranded-Part of cargo lost-Vessel delivered 138,195.3 tons- Whether freight payable on intaken quantity, quantity delivered or quantity delivered + 5 per cent-Exxonvoy 1969.

ISLANDER SHIPPING ENTERPRISES S.A. v. EMPRESA MARITIMA DEL ESTADO S.A. (THE "KHIAN SEA")

[1977] 2 Lloyd's Rep. 439

Charter-party (Time)-Safe berth-Vessel ordered to berth in Valparaiso-Berth exposed to heavy swell-Vessel unable to leave berth because of presence of two other vessels which had anchored sufficiently close to wharf-Vessel suffered ranging damage-Whether charterers liable-New York Produce Exchange form.

HELMSING SCHIFFAHRTS G.M.B.H. & CO. K.G. v. MALTA DRYDOCKS CORPORATION AND OTHERS

[1977] 2 Lloyd's Rep. 444

Sale of ship-Interest-Shipowners demanded return of the 10 per cent. "plus-up" which they had paid for extras and which had not been used-Whether shipowners entitled to return from date of delivery of vessels-Appropriate rate of interest applicable-Whether English, Maltese or German rates applied.

HILL v. JAMES CROWE (CASES) LTD.

[1977] 2 Lloyd's Rep. 450

Product liability-Negligence-Personal injury- Plaintiff injured when packing case on which he was standing caved in-Whether case badly made-Whether manufacturers negligent- Quantum of damages.

ALBION SUGAR CO. LTD. v. WILLIAM TANKERS LTD. AND DAVIES (THE "JOHN S. DARBYSHIRE")

[1977] 2 Lloyd's Rep. 457

Contract-Charter-party-Offer by shipowners to carry starch slurry from Holland to England for manufacturers-Manufacturers agreeing to charter vessel under time charter-party subject to two trial voyages-One trial voyage not satisfactory- Whether concluded contract between parties.

BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG JR.

[1977] 2 Lloyd's Rep. 467

Sale of goods (c.i.f.)-Prohibition of export-Force majeure-U.S. soya bean meal sold c.i.f. Rotterdam-Shipment to be made monthly April/September, 1973-Embargo on shipment of U.S. soya bean meal imposed by U.S. Department of Commerce-Whether buyer had waived rights to performance under June bills of lading-GAFTA form No. 100.

TRADAX EXPORT S.A. v. ANDRE & CIE S.A.

[1977] 2 Lloyd's Rep. 484

Sale of goods (c.i.f.)-Appropriation-Sellers tendered notice of appropriation-Buyers rejected notice as being out of time-Whether sellers in default-Whether burden of proof on buyers or sellers-Date of default-GAFTA 100, cl. 10.

EXPORTELISA S.A. v. GIUSEPPE & FIGLI SOC. COLL

[1977] 2 Lloyd's Rep. 494

Sale of goods (f.o.b.)-Non-delivery-Argentine state organ extended monopoly to include Candeal and/or Taganrog wheat-Sellers could only buy wheat from state organ-Prevented from fulfilling contract-Whether sellers protected by prohibition clause-GAFTA 64, cl. 14.

VOLKSWAGENWERK A.G. AND WOLFSBURGER TRANSPORT GESELLSCHAFT M.B.H. v. INTERNATIONAL MUTUAL STRIKE ASSURANCE CO. (BERMUDA) LTD.

[1977] 2 Lloyd's Rep. 503

Insurance (Marine) - Mutual insurance - Shipowner insured against strikes of persons on shore but not against strikes of crews - Calls made by association on members to contribute to losses caused by strikes - Whether amount of calls properly calculated - Whether association under duty to administer separate fund for calls on members insured against shore risks only and those insured against shore risks and also against strikes of crews.

PARSONS (LIVESTOCK) LTD. v. UTTLEY INGHAM & CO. LTD.

[1977] 2 Lloyd's Rep. 522

Product liability - Sale of goods - Breach of warranty - Remoteness of damage - Faulty installation of storage hopper - Pignuts stored in hopper turned mouldy - Outbreak of "E coli" disease caused illness and death of pigs - Whether sellers of hopper liable for loss suffered by pig farmers - Sale of Goods Act, 1893, s. 14 (1).

THE "BERNY"

[1977] 2 Lloyd's Rep. 533

Admiralty practice - Action in rem - Short delivery - Whether cargo-owners entitled to institute proceedings against more than one of shipowners' ships - Practice of naming sister ships in writ in rem considered - Whether writs properly renewed - Whether action should be stayed or dismissed - Whether shipowners bound by letter of undertaking - Administration of Justice Act 1956 s. 3(4) - Hague Rules art. III, r.6.

KAWASAKI STEEL CORPORATION v. SARDOIL S.P.A. (THE "ZUIHO MARU")

[1977] 2 Lloyd's Rep. 552

Charter-party (Voyage) - Demurrage - Frustration - Rationing system imposed on production of petroleum - Vessel only able to load 93 per cent. of cargo - Whether contract frustrated - Whether owners could claim dead freight and demurrage - Whether impossible or illegal to load full cargo.

HARKER v. CALEDONIAN INSURANCE CO.

[1977] 2 Lloyd's Rep. 556

Insurance (Motor) - Limitation of liability - Construction of Ordinance - Personal injuries - Motor accident occurred in British Honduras - Whether insurers entitled to limit liability under policy - British Honduras Motor Vehicles Insurance (Third Party Risks) Ordinance, 1958, ss.4, 20.

LIBERIAN INSURANCE AGENCY INC. v. MOSSE

[1977] 2 Lloyd's Rep. 560

Insurance (Marine)-Non-disclosure-Enamelware described as "cups and plates in wooden cases" insured for voyage from Hong Kong to Monrovia-Goods damaged-Claim for indemnity-Repudiation by insurer of liability on ground of non-disclosure-Large part of consignment packed in cartons-Large proportion of goods touched up by overpainting-Cargo an end of stock or job lot purchase-Whether facts material-Whether disclosure waived-Effect of "held covered" clause-Whether insurer liable- Institute Cargo Clauses (All Risks). Quasi-contract-Indemnity-Discharge by plaintiffs of defendant's liability to third party-Claim by plaintiffs against defendant for indemnity- Requirements to be satisfied.

PHOEBUS D. KYPRIANOU COY. v. WM. H. PIM JNR. & CO. LTD.

[1977] 2 Lloyd's Rep. 570

Sale of goods (f.o.b.) - Default in performance - Quantum of damages - Falling market - Whether damages should be the difference between the contract price and the market price at the shipment date or earlier - Whether buyers' 10 per cent. option on contract quantities should be deducted in assessment of damages - GAFTA 79A, cl. 17.

WARINCO A.G. v. SAMOR S.P.A.

[1977] 2 Lloyd's Rep. 582

Sale of goods (f.o.b.)-Non-acceptance-Buyers alleged September oil did not comply with specification-Buyers advised sellers that October oil would also be refused if oil did not conform to contract-Whether buyers repudiated whole contract.

EUROPEAN GRAIN & SHIPPING LTD. v. DAVID GEDDES (PROTEINS) LTD.

[1977] 2 Lloyd's Rep. 591

Sale of goods - Delivery - Constructive delivery - Sellers sold 100 tons groundnut extraction to buyers - Whether sellers tender of delivery good - Whether goods "available for delivery" - Whether delivery order complied with contract - Whether sellers liable to repay buyers whole of purchase price - GAFTA 109.

TRADAX INTERNACIONAL S.A. v. GOLDSCHMIDT S.A.

[1977] 2 Lloyd's Rep. 604

Sale of goods (f.o.b.)-Non-acceptance-Certificate of quality showed 4.10 per cent. of foreign matter-Buyers rejected documents-Goods sold on "as is" basis to buyer-Whether sellers could claim balance of price-Whether buyers could recover payment made in respect of freight and demurrage-GAFTA 61, 62 and 64.

THORESEN CAR FERRIES LTD. v. WEYMOUTH PORTLAND BOROUGH COUNCIL

[1977] 2 Lloyd's Rep. 614

Contract-Offer and acceptance-Negotiations between shipowners and council for use of terminal at Weymouth-Shipowners subsequently informed that facilities were withdrawn-Whether correspondence between parties constituted a contract-Whether council in breach of obligation to ensure harbour open to all persons-Harbours, Dock and Pier Clauses Act, 1847, s. 33

Lloyd's Law Reports