Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "MALCOLM BAXTER, JR."

(1928) 31 Ll.L.Rep. 200

UNITED STATES SUPREMECOURT.

Before Mr. Justice Stone and other Judges.

Bill of lading-Damage to cargo-Unseaworthiness -Failure of shipowners to exercise due diligence - Involuntary deviation to port of refuge-Whether contract of affreightment displaced- Levy of government embargo during repairs-Whether damage due to embargo the result of unseaworthiness- "Restraint of prince"-Impossibility of performance - Illegality-Liability of shipowners limited to actual damage to cargo due to unseaworthiness and to delay in arrival at destination.

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