VITA FOOD PRODUCTS, INC. v. UNUS SHIPPING COMPANY, LTD. (IN LIQUIDATION).

(1939) 63 Ll L Rep 21

JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.

Before Lord Atkin, Lord Russell of Killowen, Lord Macmillan, Lord Wright and Lord Porter.

Bill of lading-Clause paramount-Newfoundland Carriage of Goods by Sea Act, 1932-Shipment of herrings from Newfoundland to New York-Stranding of vessel owing to negligent navigation of captain-Damage to cargo- Claim by cargo-owners-Shipowners exempted from liability by terms of bill of lading-Clause paramount not included in bill of lading-Right of shipowners to rely upon immunities from liability contained in bill of lading-Effect of Act-Sect. 1: "Subject to the provisions of this Act, the Rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in this Dominion to any other port whether in or outside this Dominion"-Sect. 3: "Every bill of lading, or similar document of title, issued in this Dominion which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act"-Action brought in Courts of Nova Scotia-Whether bills of lading illegal and unacceptable as valid documents by Courts of Nova Scotia-Conflict of laws-Proper law of contract-Intention of parties- "This contract shall be governed by English law."