The Law Reports (Appeal Cases)
[1977] AC 774
[HOUSE OF LORDS]
ALBACRUZ (CARGO OWNERS) RESPONDENTS AND ALBAZERO (OWNERS) APPELLANTS
THE ALBAZERO
1973 Nov. 19,
20,
21,
22,
23,
26;
1974 Jan. 14
1975 April 14, 15, 16, 17, 18;
May 14
1976 June 15, 16, 17, 21, 22, 23, 24;
July 28
1974 Jan. 14
1975 April 14, 15, 16, 17, 18;
May 14
1976 June 15, 16, 17, 21, 22, 23, 24;
July 28
Brandon J. Cairns, Roskill and Ormrod L.JJ. Lord Diplock, Viscount Dilhorne, Lord Simon of Glaisdale and Lord Fraser of Tullybelton
Shipping
— Contracts of carriage
— Who may sue
— Time charterparty
— Bill of lading providing that cargo deliverable to order of charterer
— Total loss of cargo during voyage
— Action for damages brought by charterer against shipowner
— Title to property and right to possession passing before loss
— Party entitled to recover substantial damages
Sale of Goods
— C.i.f.
— When property passes
— Bulk purchase of crude oil shipped f.o.b. and sold c.i.f. to associated company
— Bills of lading stating that cargo deliverable to order of seller
— Endorsed bills of lading dispatched by post to buyer by seller's agent during voyage
— Total loss of cargo after bills of lading posted and before receipt by buyer
— Whether property and right to possession of cargo passed to buyers before loss
— Intention of parties
—
Sale of Goods Act 1893 (56 & 57 Vict. c. 71), s. 19 (1) (2)
Ships' Names
— Albacruz
— Albazero