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 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Yara Reports Strong 3Q Results

Yara International ASA delivered strong third-quarter results, with record fertilizer deliveries and continued margin benefit from lower European gas price. "Yara

Bright Outlook for BWM Convention

The Danish Maritime Authority informed that the Ballast Water Management Convention is now one step closer to ratification following last week’s meeting of United

Court Dismisses Boating Industry’s Challenge to EPA Misfueling Rule

The National Marine Manufacturers Association (NMMA) said it is disappointed with the U.S. Court of Appeals decision released on Tuesday, October 21, 2014 for the D.

Marine Electronics

Virtual AIS Beacons Employed in MH370 Search

Vesper Marine, a manufacturer of marine safety products and virtual Aids to Navigation (ATON), announced that its Virtual AIS Beacons are employed in the search

GOST Security System thwarts Break-in

GOST (Global Ocean Security Technologies), announced that its GOST Insight HD GPS Security System was instrumental in foiling the theft of electronics onboard a powerboat in Aventura, Florida.

NMEA Awards Top Electronic Makers

Marine electronics experts named 11 products in nine categories as winners of the 2014 NMEA Product Awards. Once again, Furuno USA was named Manufacturer of the Year--Support.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Naval Architecture Navigation Pod Propulsion Ship Electronics Ship Simulators Shipbuilding / Vessel Construction
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: 0.0965 sec (10 req/sec)