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 January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

‘Maritime Spectrum’ of CMMI a Big Draw

For The Company of Master Mariners of India, the conference “Maritime Spectrum” that comes at the turn of each year has become a brand in itself, and each one

Panama Flag Approval for Seagull

Seagull Maritime has become the first overseas company to secure training centre approval from the Panama Maritime Authority following the PMA’s 2014 change of leadership.

Sino-Global to Acquire Tanker

Sino-Global Shipping America, Ltd. a shipping agency, logistics and ship management services company, today announced that it has entered into a Memorandum of Understanding (the "MOU"),

Marine Electronics

Panama Flag Approval for Seagull

Seagull Maritime has become the first overseas company to secure training centre approval from the Panama Maritime Authority following the PMA’s 2014 change of leadership.

Beyond the Black Box

Using the VDR as the Ship’s Data Clearing House provides budget-minded operators with the means, the bandwidth and the economy to monitor critical systems. Go on: dip your toes in the big data water.

Imtech Marine, Radio Holland Equip Floatel

Last month, POSH Xanadu, the largest purpose-built floatel to date was delivered at PaxOcean in Zhoushan. POSH Xanadu is a ship-shaped column stabilized semi-submersible accommodation platform,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Offshore Oil Salvage Ship Repair Ship Simulators Sonar Winch
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: 0.4890 sec (2 req/sec)