Smith v Dart & Son
| Jurisdiction | England & Wales |
| Judgment Date | 28 November 1884 |
| Date | 28 November 1884 |
| Court | Queen's Bench Division |
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6 cases
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ST Shipping & Transport Inc. (Appellant/Charterers) v Kriti Filoxenia Shipping Company SA (Respondent/Owners)
...a proper condition by the cancelling date. That is the sole effect. On this point the Judge referred to the English cases, particularly Smith v Dart & Son (1884) 14 Q.B.D 105 at p. 110, when Mr Justice A L Smith said: The shipowner does not contract to get there by a certain day, but says "......
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The "An Ji Jiang"
... ... ( see Reardon Smith Line Ltd v Yngvar Hansentangen [1976] 1 WLR 989 at 995) ... The principles implied in this passage have been well elaborated recently by Lord ... date. It is not a promise by the owner that the vessel will be ready by the stipulated date. This was established by the case of Smith v Dart [1884] 14 QBD 105 . In the case of Fercometal SARL v Mediterranean Shipping Co SA [1989] 1 AC 788 , box 19 in the charterparty which was ... ...
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Leeds Shipping Company Ltd v Societe Francaise Bunge (The Eastern City)
... ... reserved the right to contend hereafter that "The Stork" and the later case before the Judicial Committee of the Privy Council, ( Reardon, Smith Line, Ltd. v. Australian wheat Board 1956 A.C. 266 ) were wrongly decided ... 14 To assist our inquiry the Court was supplied ... ...
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Marbienes Compania Naviera S.A. v Ferrostaal A.G. (Democritos)
...condition by the cancelling date. That is the solo effect. 10 On this point the judge referred to the English cases, particularly Smith v. Dart & Son, (1884) 14 Queen's Bench Division, page 105 at page 110, when Mr. Justice A.L. Smith said: "The shipowner does not contract to get there by a......
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1 books & journal articles
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THE SAFE PORT PROMISE OF CHARTERERS FROM THE PERSPECTIVE OF THE ENGLISH COMMON LAW
...Uni-Ocean Lines Pte Ltd v C-Trade SA (The Lucille)[1984] 1 Lloyd’s Rep 244 (CA). 75 The Stork [1954] 2 Lloyd’s Rep 397; Smith v Dart(1884) 14 QBD 105; The Heinrich Horn[1971] AMC 362. 76 See Pt F of the main text below on “Risks avoidable by good navigation and seamanship”. 77 The Mary Lou,......