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 Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter May 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

STX Shipbuilding Likely to Enter Court-lead Restructuring

South Korean shipbuilder STX Offshore & Shipbuilding Co Ltd will likely need to enter court-supervised receivership due to financial difficulties, the firm's lead

SOLAS Container Weight Requirements FAQ

With new rules regarding the declaration of the accurate gross mass of a packed containers due to enter force, the International Maritime Organization (IMO) answers

Primeline Turns Against CNOOC

Primeline Energy Holdings Inc. announces that it has sent a letter to China National Offshore Oil Corporation (CNOOC) and CNOOC China Limited (CCL) (together CNOOC

Marine Electronics

Danelec Bags Multiple VDR Orders in Middle East

Danelec Marine, along with distribution partner Elcome International, is to supply Danelec DM100 Voyage Data Recorders (VDRs) for 14 ships in the Middle East.   The

Fail-proof System Access and Easy Operation

KVM redundancy concepts increase reliability of control room installations   German manufacturers G&D feel very much at home in especially safety-related control rooms.

Navico Makes its Commercial Push

Marine electronics group Navico, a literal ‘house of brands’ for the recreational, sail, power and commercial marine markets, is making a strong push in the commercial sector with its Simrad brand.

 
 
Maritime Security Maritime Standards Navigation Offshore Oil Pod Propulsion Port Authority Salvage Ship Electronics Ship Repair Winch
rss | archive | history | articles | privacy | 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: 0.0649 sec (15 req/sec)