Cargo in UK Law

Leading Cases
  • Aries Tanker Corporation v Total Transport Ltd
    • House of Lords
    • 27 Jan 1977

    But, and I do not think that sufficient recognition to this has been given in the courts below, it is a time bar of a special kind, viz., one which extinguishes the claim (cf. Article 29 of the Warsaw Convention 1929) not one which, as most English Statutes of Limitation (e.g. the Limitation Act 1939, The Maritime Conventions Act 1911), and some international Conventions (e.g. the Brussels Convention on Collisions 1910 Article 7) do, bars the remedy while leaving the claim itself in existence.

  • Albazero, The (Albacruz)
    • House of Lords
    • 28 Jul 1976

    The only way in which I find it possible to rationalise the rule in Dunlop v. Lambert so that it may fit into the pattern of the English law is to treat it as an application of the principle, accepted also in relation to policies of insurance upon goods, that in a commercial contract concerning goods where it is in the contemplation of the parties that the proprietary interests in the goods may be transferred from one owner to another after the contract has been entered into and before the breach which causes loss or damage to the goods, an original party to the contract, if such be the intention of them both, is to be treated in law as having entered into the contract for the benefit of all persons who have or may acquire an interest in the goods before they are lost or damaged, and is entitled to recover by way of damages for breach of contract the actual loss sustained by those for whose benefit the contract is entered into.

  • Antaios Compania Naviera S.A. v Salen Rederierna A.B.
    • House of Lords
    • 26 Jul 1984

    While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.

  • Armagas Ltd v Mundogas SA (The Ocean Frost)
    • Court of Appeal (Civil Division)
    • 18 Oct 1984

    It is frequently very difficult to tell whether a witness is telling the truth or not; and where there is a conflict of evidence such as there was in the present case, reference to the objective facts and documents, to the witnesses' motives, and to the overall probabilities, can be of very great assistance to a judge in ascertaining the truth.

  • Mareva Compania Naviera S.A. v International Bulkcarriers S.A.
    • Court of Appeal (Civil Division)
    • 23 Jun 1975

    In my opinion that principle applies to a creditor who has a right to be paid the debt owing to his even before he has established his right by getting judgment for it. If it appears that the debt is due and owing — and there is a danger that the debtor may dispose of his assets so as to defeat it before judgment — the Court has jurisdiction in a proper case to grant an interlocutory judgment so as to prevent his disposing of those assets.

  • Midland Silicones Ltd v Scruttons Ltd
    • House of Lords
    • 06 Dec 1961

    I can see a possibility of success of the agency argument if (first) the Bill of Lading makes it clear that the stevedore is intended to be protected by the provisions in it which limit liability, (secondly) the Bill of Lading makes it clear that the carrier, in addition to contracting for these provisions on his own behalf, is also contracting as agent for the stevedore that these provisions should apply to the stevedore, (thirdly) the carrier has authority from the stevedore to do that, or perhaps later ratification by the stevedore would suffice, and (fourthly) that any difficulties about consideration moving from the stevedore were overcome.

  • Siskina (Owners of cargo lately laden on board) v Distos Compania Naviera S.A.
    • House of Lords
    • 26 Oct 1977

    A right to obtain an interlocutory injunction is not a cause of action. It is dependent upon there being a pre-existing cause of action against the defendant arising out of an invasion, actual or theatened by him, of a legal or equitable right of the plaintiff for the enforcement of which the defendant is amenable to the jurisdiction of the court. The right to obtain an interlocutory injunction is merely ancillary and incidental to the pre-existing cause of action.

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Legislation
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Books & Journal Articles
  • AIR CARGO IS TAKING OFF
    • Nbr. 80-11, October 1980
    • Industrial Management & Data Systems
    • 25-26
    AIR CARGO has become the lusty infant of the freight business. Although barely one per cent by volume of the total UK exports are sent by air, this represents more than 17 per cent in terms of valu...
  • A study of logistics infomediary in air cargo tracking
    • Nbr. 103-1, February 2003
    • Industrial Management & Data Systems
    • 5-13
    In e‐commerce, the infomediary is rapidly becoming an important business model on the Web. A low cost Web‐based infomediary for the air cargo industry can help integrate Air Cargo service providers...
  • Transportation Security SensorNet: a service‐oriented architecture for cargo monitoring
    • Nbr. 13-4, November 2011
    • Journal of Systems and Information Technology
    • 369-388
    Purpose: Security and accountability within the transportation industry are vital because cargo theft could amount to as much as $60 billion per year. Since goods are often handled by many differen...
  • Intelligent cargo ‐ enabling future’s sustainable and accountable transportation system
    • Nbr. 7-3, August 2010
    • World Journal of Science, Technology and Sustainable Development
    • 253-262
    Today, the transport industry is facing increasing demands on reducing both the environmental impact and cost of freight transports. Another demand, coming from the end consumers, is the demand for...
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Law Firm Commentaries
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