MITSUI & CO. LTD. v. NOVOROSSIYSK SHIPPING CO. (THE “GUDERMES”)

[1993] 1 Lloyd's Rep. 311

COURT OF APPEAL

Before Sir Donald Nicholls V.-C., Lord Justice Stuart-Smith and Lord Justice Staughton

Carriage by sea - Implied contract - Cargo of oil on board vessel with no operative heating coils - Plaintiffs purchased cargo from shippers - Whether plaintiffs aware that vessel had no heating system - Whether contract to be implied between plaintiffs and defendants - Whether Hague-Visby Rules incorporated - Whether vessel unseaworthy - Whether defendants owed plaintiffs duty of care in tort or bailment - Quantum.