bailment cases

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138 documents for bailment cases
  • 1. This is an appeal by the defendant (``Holt Liverpool'') from a decision of Popplewell J in the Commercial Court granting summary judgment to the claimant (``FG Wilson'') for sums due pursuant to a distributorship agreement (``the distributorship agreement'') and rejecting Holt Liverpool's reliance on a cross-claim, as a result of the existence of a ``no set-off clause'' in the contract, which prevented Holt Liverpool as buyer from applying any set off to any claim for the price of the goods subject to the distributorship agreement. 2. FG Wilson is a Northern Irish company carrying on business as a manufacturer and seller of generator sets and spare parts worldwide, together with associated services. It is a wholly owned subsidiary of an American company, Caterpillar Inc. Holt Liverpoo...

    ... with other clauses construed in other cases. 26. I would, for my part, applaud such an ... case the fiduciary relationship of bailment was conceded by counsel and there was a finding ...

  • 1. Shortly before Christmas 2001 a quantity of goods said to be 7000 Nokia mobile phones and worth Euro 801,500 were placed in a warehouse in Barcelona. After the Christmas and New Year holiday they were discovered to be no longer in the warehouse. The Claimants claim to be the owners of the mobile phones and say that the Defendants from whose warehouse the goods disappeared are liable in respect of the loss to the full value of the goods. The Defendants accept that amongst those goods were 2000 mobile phones which belonged to the Claimants but no more. They accept that they are liable to the Claimants in respect of the loss of those mobile phones but say that their liability is limited to 2 SDRs per kilo. The contract between the Claimants and the Defendants. 2. The Claimants are a compa...

    ... is that this is one of those rare cases where the cause of the loss cannot be established ... the incidence of the burden of proof in bailment cases. . 45. The Defendants relied upon the ...

  • ... In each of these cases, in the absence of contrary agreement, the place ..., the bills of lading evidenced a bailment, with Zim Line as bailee and the consignee, ...

  • ... whether the liabilities in the present cases would rank pari passu with the unsecured ..., any liability in contract, tort or bailment, and any liability arising out of an obligation ...

  • 1. The creations of Carl Fabergé are well known and highly prized. Foremost amongst such creations are ``Fabergé Eggs''. Carl Fabergé was born in 1846 in St Petersburg of Huguenot descent. He succeeded his father as a jeweller and manufacturer of objets d'art. Regarded by many as a designer of unsurpassed ingenuity and delicacy, he became a prolific supplier to the royal houses of Europe. Central to his fame is the creation of the so-called Imperial Easter Eggs, the first of which was created in his workshops in 1884 or 1885 for Tsar Alexander III who presented it to the Tsarina, Maria Feodorovna. Thus began a tradition of Imperial Easter gifts by the Tsar to his wife, a tradition continued after the death of Tsar Alexander by his son Tsar Nicholas II. Tsar Nicholas not only bestowe...

    ... . Bailment. 72. I have already summarised at paragraph 33 ... bailment is stronger in master and servant cases than in cases of principal and independent ...

  • ... Yorkshire County Council rather than in the cases under consideration. 12. Only if the arguments of ... to read the case narrowly simply as a bailment case, the wrong being failure to re-deliver. But ...

  • ... Yorkshire County Council rather than in the cases under consideration. 12. Only if the arguments of ... to read the case narrowly simply as a bailment case, the wrong being failure to re-deliver. But ...

  • 1. On 7th February 2002 Thomas J gave judgment for the claimants (respondents before us) in two sets of proceedings which he had tried together, and as a result he made orders holding the appellants liable to the respondents for sums of respectively $134,807.41 and $95,147.20, together with interest and costs. The claims related to alleged losses of goods in containers cleared through customs and delivered to a Chilean company, Gold Crown, without presentation of bills of lading in San Antonio, Chile in, respectively, late 1998 and early 1999. The appellants are (1) Dampskibsselskabet AF, 1912, Aktieselskab and Aktieselskabet Dampskibsselskabet Svendborg, trading as Maersk Line, and (2) P & O Nedlloyd BV, by whose liner services the container loads of goods were carried from Hong Kong to S...

    .... 7. In the instant cases, the customs agent used by Gold Crown obtained ... goods, and had thereafter no rights in bailment as against the appellants or any other bailees of ...

  • 1. The North Yorkshire County Council, (the Council) appeals to this Court from the decision of H.H. Judge Spittle in the Darlington County Court on the 12th August 1997 on a preliminary issue. The Council is the defendant in an action by the plaintiff, ST, suing by his mother in respect of allegations of sexual assaults on him by a Michael Stevens, deputy headmaster of the special school in which the plaintiff was a pupil, and an employee of the Council. The judge held that, on the facts pleaded by the plaintiff, the Council was capable of being vicariously liable for the assaults by the deputy headmaster. 2. The plaintiff, who is now 23, was born on the 3rd July 1974. He sustained a head injury as a child and thereafter suffered from epilepsy and mental handicap. He attended a special sc...

    ...11. A number of cases demonstrate that the opportunity to act in the ... upon which Mr Hawksworth relies - the bailment cases. The House of Lords in Lloyd v Grace, ...

  • 1. This appeal raises two questions of some importance relating to general average. One is whether a shipowner's lien for cargo's general average contribution was waived when the shipowner requested from the consignee of the cargo a bond and insurer's guarantee, or a cash deposit, as the price for giving up his lien, but only received an insurer's guarantee (and that for only a small part of the cargo, carried under one of four bills of lading) and no bond or deposit. The other is whether the exercise by the shipowner of his lien for general average contribution prevented him from recovering the costs involved in exercising that lien in terms of the continuing expense of looking after the cargo instead of being able to discharge it. An arbitrators' award decided both questions in favour of...

    ... of paying a ransom to pirates, liens, bailment and conversion, the identity of the carrier and ... also submits, by reference to a series of cases about solicitor's liens and the manner in which ...

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