Cesser Clause
Per Erle J in Oglesby v Yglesias (1858) E.B. & E. 930 at p.934:The charter party contains an express and unequivocal stipulation that [charterer’s] liability, ‘‘in every respect, and as to all matters and things, as well before as after the shipping of the said cargo, shall cease as soon as "the cargo is shipped." It may seem improbable that the owner would leave himself without a remedy at the port of discharge: still, if he chooses so to contract, it is not our office to interfere. It is impossible to construe that charter party otherwise than as exempting the defendant from all liability after shipment of the cargo.
Read more here:http://caselawquotes.net/C/CesserClause.html
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.Read more here:http://www.caselawquotes.net/C/CIF_Contract.html
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.Read more here:http://www.caselawquotes.net/C/Crewing_recruiting_policy.html
Contract, Formation of
In W J Rossiter v Miller (1870) 3 App Cas 1124 Lord Blackburn said at p1151:
Read more here: http://www.caselawquotes.net/C/Contract_Formation_of.htmlSo long as they are only in negotiation either party may retreat; and though the parties may have agreed on all the cardinal points of the intended contract, yet, if some particulars essential to the agreement still remain to be settled afterwards, there is no contract. The parties in such a case are still only in negotiation but the mere fact that the parties have expressly stipulated that there shall afterwards be a formal agreement prepared embodying the terms which shall be signed by the parties, does not, by itself show that they continue in negotiation.
