Safe Port, Timecharter

G W Grace and Co Ltd v General Steam Navigation Co Ltd [1950] 1 All ER 201, per Devlin J at pp.206-207:

…the charterparty, either on its true construction or by implication, forbids the giving by the charterers of orders outside their powers, and, accordingly, that the giving of an order to sail to an unsafe port is a breach of the charterparty.

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Repudiation of Contract

Mr. Justice Dixon in McDonald v Dennys Lascelles Ltd. (1933) 48 C.L.R. 457 at pp. 476-477 said:

When a party to a simple contract, upon a breach by the other contracting party of a condition of the contract, elects to treat the contract as no longer binding upon him, the contract is not rescinded as from the beginning. Both parties are discharged from further performance of the contract, but rights are not divested or discharged which have already been unconditionally acquired. Rights and obligations which arise from the partial execution of the contract and causes of action which have accrued from its breach alike continue unaffected.

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Employment and Indemnity Clause

Per Lord Diplock in Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal(The Hannah Blumenthal), [1983] 1 All ER 34 at p.48:

As to the issue whether the consequence of charterers’ orders to be the subject of the indemnity should be ‘direct’ consequences as distinct from mere consequences, the authorities demonstrate that the problem is more apparent than real and is largely a matter of semantics. The exercise essentially involved is the identification of the scope of the indemnity obligation and is thus fundamentally a question of construction. In identifying that scope, certain considerations are relevant. In particular, the parties are unlikely to have contracted for the protection of the Owner against losses which are remote as a matter of causation from the charterer’s order. That is because it is in a commercial setting improbable that a charterer would be prepared to assume the risk of eventualities causally remote from his own orders..

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Crewing (recruiting) policy

Per Hewson J in The Makedonia [1962] 2 Lloyd’s Rep 316 at p.337:

…In my view, the least that should be done is to ensure a careful inspection of the seaman's book, to study the history of the applicant and to question him about it and the reasons why he left his former ships; if, for example, he appears to have sailed one voyage, one owner. The certificate ought to be sighted-the certificate might have been suspended. Inquiry should be made of previous owners and, if the report says "nothing against him", to press for fuller information. I cannot imagine anything more damning than a report from a previous owner that he had "nothing against him." If nothing confidential is forthcoming the man should be interviewed until the interviewer is reasonably satisfied about him and, if he is not satisfied, he should reject him. Such important appointments to such responsible positions call for a proper interviewing and a proper inquiry.

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Lien

Per Grose J in Hammonds and Another, Executors of Blight, against Barclay and Others, Assignees of Fentham a Bankrupt [1802] EngR 107; (1802) 2 East 227 at p.235:

A lien is a right in one man to retain that which is in his possession belonging to another, till certain demands of him the person in posssession are satisfied.

By Greer J in Molthes Rederi Akt v Ellerman’s Wilson Line Ltd [1927] 1 KB 710 at 716:
... The lien clause in the charterparty is needed to give the owner a lien in those cases where...

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C.I.F. Contract

Per Scrutton J in Arnold Karberg & Co v Blythe, Green Jourdain & Co [1915] 2 K.B. 379 at 388:

It is not a contract that goods shall arrive, but a contract to ship goods complying with the contract of sale, to obtain, unless the contract otherwise provides, the ordinary contract of carriage to the place of destination and the ordinary contract of insurance of the goods on that voyage, and to tender these documents against payment of the contract price.

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Bailee, Liabilities for Damage

Per Grove J in Lilley v Doubleday (1881) 7 QBD 510 at p. 511:

The defendant was entrusted with the goods for a particular purpose and to keep them in a particular place. He took them to another, and must be responsible for what took place there. The only exception I see to this general rule is where the destruction of the goods must take place as inevitably at one place as at the other.

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