Marine Link
Friday, December 9, 2016

Delivery of Cargo to Carrier Creates Quasi-Contract

November 6, 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 Magazine Cover Nov 2016 - Workboat Edition

Maritime Reporter and Engineering News’ first edition was published in New York City in 1883 and became our flagship publication in 1939. It is the world’s largest audited circulation magazine serving the global maritime industry, delivering more insightful editorial and news to more industry decision makers than any other source.

Subscribe
Maritime Reporter E-News subscription

Maritime Reporter E-News is the subsea industry's largest circulation and most authoritative ENews Service, delivered to your Email three times per week

Subscribe for Maritime Reporter E-News