THE "ALBAZERO"

[1976] 2 Lloyd's Rep. 467

HOUSE OF LORDS

Before Lord Diplock, Viscount Dilhorne, Lord Simon of Glaisdale and Lord Fraser of Tullybelton

Carriage by sea - Breach of contract - Substantial damages - Agreement between consignor and carrier for carriage of cargo - Cost of carriage to be paid by consignor - Ship sinking on voyage with loss of cargo - Property in and right in cargo passed to consignee before date of loss - Whether consignor entitled to maintain action for substantial damages - Action by consignor for loss of cargo - Consignor no longer having interest in cargo at date of loss. Sale of goods - Passing of property - Reservation of right of disposal - Bill of lading - Cargo deliverable to order of consignors - Presumption rebuttable - C.i.f. contract between associated companies - Fulfilment of conditions imposed by consignor or seller - Seller's agent dispatching endorsed bills of lading to buyer by post during voyage and before loss - Whether passing on date bill of lading posted - Sale of Goods Act, 1893, s. 19 (1), (2).