Delivery of Cargo to Carrier Creates Quasi-Contract

Wednesday, November 06, 2002
The U.S. Court of Appeals for the Sixth Circuit ruled that a quasi-contract is created when the shipper delivers cargo to the carrier for ocean transportation. In the instant case, the shipper contracted with (and paid) a freight forwarder for shipment of its cargoes from the United States to Syria. The bills of lading were not signed by the shipper. The shipper delivered the cargoes directly to the carrier’s vessels at the pier in Texas. The cargoes were transported and delivered in good order. The shipper paid the freight forwarder, which went out of business and failed to pay the carrier. The carrier then sued the shipper. The court held that, under federal common law, a quasi-contract (or contract implied in law) will be held to exist where a party has performed as expected and payment is necessary so as to enable justice to be accomplished, even where no formal contract existed between the parties. Source: HK Law
Maritime Reporter September 2013 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

NZ's Lyttelton Port Recommends Offer, to Pay Special Dividend

The board of New Zealand's  Lyttelton Port Co. Ltd recommended minority shareholders accept an offer of NZ$3.95 a share offer from the commercial arm of the Christchurch city council.

NYK Opens New Planning Center in Kumamoto

On September 1, 2014, NYK and Kozo Keikaku Engineering Inc. established a stowage planning center for container shipping at the Kumamoto office of Kozo Keikaku Engineering Inc.

Indian Investigators Drop Case Against Billionaire Birla

India's Central Bureau of Investigation (CBI) has closed a coal scam case against billionaire Kumar Mangalam Birla and a former top bureaucrat that emerged in

Marine Electronics

MARAD Shipbuilding Loan Guarantee

The launch of the Bravante IX, built in a U.S. shipyard, was from the investments made by the Maritime Administration (MARAD) just three years ago. The investment

BCG Releases PCVM Emulation

Buffalo Computer Graphics (BCG) Inc. announced the addition of another emulation product to its family of Radar Simulators. BCG has completed an emulation of the VisionMaster FT radar – our PCVM.

Telemar to Supply Broadband for Herm. Dauelsberg

Telemar GmbH, the German subsidiary of the Telemar Group, closed an agreement with Herm. Dauelsberg for the supply of a complete “turn-key solution” for their fleet of 18 vessels.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Navigation Offshore Oil Port Authority Ship Repair Ship Simulators Sonar
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0905 sec (11 req/sec)