Cosmos Bulk Transport Inc. v China National Foreign Trade Transportation Corporation (Apollonius)

JurisdictionEngland & Wales
Date1978
Year1978
CourtQueen's Bench Division (Commercial Court)
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8 cases
  • Sig. Bergesen D.Y. & Company v Mobil Shipping and Transportation Company (Berge Sund)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 d3 Maio d3 1993
    ...situation where the growth was of a wholly extraordinary and unpredictable nature: see Cosmos Bulk Transport Incorporated v. China National Foreign Trade Transportation Corporation [1978] 1 Lloyd's Rep. 53, a decision on a rather different form of words, where there was a very special findi......
  • SK Shipping Europe Plc v Capital VLCC 3 Corporation
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 16 d3 Dezembro d3 2020
    ...White (1942) 74 LL L Rep 161, 163 having held such a warranty related to the position at the date of the charter and The Apollonius [1978] 1 Lloyd's Rep 53 having held it related to the position when the chartered service began – the two events can be some time apart, as is the case here).......
  • Tor Line A.B. v Alltrans Group of Canada Ltd (TFL Prosperity)
    • United Kingdom
    • House of Lords
    • 15 d4 Dezembro d4 1983
    ...that on the construction of that particular charterparty the decision was in any way wrong. 36 My Lords, in The Apollonius [1978] 1 Lloyd's Rep. 53, the effect of clause 13 again arose in circumstances which made it unnecessary for the learned judge, Mocatta J, to express a final view upon ......
  • B S & N Ltd (BVI) v Micado Shipping Ltd (Malta) (No 2) (Seaflower)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 d3 Novembro d3 2000
    ...class (at the time of contract) is a condition. Wilford, Time Charters, 4 th ed, 1995, at 101 agrees, citing also The Apollonius [1978] 1 Lloyd's Rep 53 at 61/2, where Mocatta J opined that a statement as to a vessel's class is "clearly" a condition, referring to a number of authorities inc......
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