The Weekly Law Reports
[1958] 2 WLR 688
[HOUSE OF LORDS.]
ADAMASTOS SHIPPING CO. LTD. APPELLANTS; AND ANGLO-SAXON PETROLEUM CO. LTD. RESPONDENTS.
1958 Feb. 3,
4,
5,
6,
10;
Mar. 10.
Mar. 10.
VISCOUNT SIMONDS, LORD MORTON OF HENRYTON, LORD REID, LORD KEITH OF AVONHOLM and LORD SOMERVELL OF HARROW.
Shipping
— Charterparty
— Clause paramount
— “This bill of lading” subject to Act
— Whether clause meaningless
— Hague Rules
— “Loss or damage arising … from unseaworthiness”
— Meaning of “loss or damage”
— Whether applicable to non-cargo carrying voyages
— Whether applicable only to physical loss or damage
—
Carriage of Goods by Sea Act of United States, 1936,
ss. 2, 3 (1), 6894 (1) (2), 5 and 13
—
Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), Sch., Arts. II, III, rr. 1, 8; IV, rr. 1, 2; V.
Contract
— Construction
— Repugnancy.
Shipping
— Charterparty
— Consecutive voyage charter
— Extent and nature of owners' obligations to provide and maintain seaworthy vessel during “the voyage”
— Continuing warranty of seaworthiness, perils of sea excepted
— “Proceed with all convenient despatch”
— Vessel rendered unseaworthy by incompetence of staff
— Owners vicariously liable for negligence of servants despite owners' exercise of due diligence in selection and appointment of staff
— Delays
— Whether claim for loss of services of vessel sustainable
— Basis for assessment of damages.