THE “ATHANASIA COMNINOS” AND “GEORGES CHR. LEMOS”
[1990] 1 Lloyd's Rep. 277
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr. Justice Mustill
Bill of Lading contract - With whom made - f.o.b. sellers as shippers - c.i.f. buyers as consignees.
Implied contract - Brandt v. Liverpool - Whether renders consignee liable for dangerous character of cargo.
Bills of Lading Act, 1855 - Whether renders consignee liable for dangerous character of cargo.
Dangerous cargo - Common law warranty - Whether absolute or qualified.
Dangerous cargo - Contract for carriage of “coal” - Whether cargo more dangerous than other coal - Definition of “normal” coal cargoes - Distribution of risks between carriers and cargo interests.
Dangerous cargo - Warnings to master of unusual characteristics.
Named cargo - Standard of care in carriage required of shipowner.
Hague Rules - Art. IV, r. 6 - Art. IV, r. 3.
Charter-party - Implied indemnity - Whether shipowner required to prove that cargo was abnormal.