Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MILES INTERNATIONAL CORPORATION v. FEDERAL COMMERCE & NAVIGATION CO., FEDERAL STEVEDORING LTD. AND BELCAN N.V. (THE "FEDERAL SCHELDE")

[1978] 1 Lloyd's Rep. 285

CANADAQUEBECSUPERIOR COURT

Before Mr. Justice O'Connor

Bill of lading - Exception clause - Scrap copper received for shipment at Montreal - Owners given engagement note by general agents - Exemption clauses of bills of lading incorporated into engagement note - Stipulation in bill of lading that stevedores could rely on exemption clauses - Cargo shipped in containers at Montreal - Cargo found to be missing after discharge of vessel - Negligence but not gross negligence of general agents and stevedores - Whether exemption clauses could be relied on - Canada.

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