Case Study Of Burns Philp (South Seas Company Ltd Vs. Marine Pacific

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SEA CARRIAGE CASE: Burns Philp (South Seas) Company Ltd v Marine Pacific Ltd [1979] FJCA 4; Civil Appeal No.07 of 1979 (25 July 1979) aff’g. INTRODUCTION The case discusses two groups where the importer (Burns Philip) relegates a shipping company (Marine Pacific Ltd). The shipping company was conveying the payload on the deck of a barge and the barge was damaged amid the course. The importer documented a case expressing that the shipping company needs to compensate for the loss of merchandise (under rupture of obligation under the Sea Carriage of Goods Ordinance). One of the provisions of the bill of filling was that "freight carried on deck at shipper's hazard without duty regarding misfortune or harm howsoever caused" and another condition…show more content…
The charterer agrees to pay a specified price, called freight, for the carriage of the goods or the use of the ship. A ship may be let, like a house, to a person who takes possession and control of it for a specified term. PROBLEM STATEMENT: The appellant's claim in an action against the respondent for goods lost at sea during a journey from Suva to Labasa. The appellant is a dealer in merchandise and the respondent an inter-island carrier of goods. The amount of the loss was not in dispute and the issue at the trial was confined to liability. The Statement of Claim pleaded negligence and alternatively breach of statutory duty or contractual duty, giving particulars. It was claimed that there was an implied term for delivery in good condition at Labasa wharf. The Statement of Defence denied negligence and breach of duty, denied that there was any such implied term as that claimed by the appellant, and pleaded that it was clearly endorsed on all the Bills of Lading that the goods were being carried on deck at shipper's risk without any responsibility for loss or damage howsoever caused.…show more content…
The Statement of Claim pleaded negligence and alternatively breach of statutory duty or contractual duty, giving particulars. It was claimed that there was an implied term for delivery in good condition at Labasa wharf. The Statement of Defence denied negligence and breach of duty, denied that there was any such implied term as that claimed by the appellant, and pleaded that it was clearly endorsed on all the Bills of Lading that the goods were being carried on deck at shipper's risk without any responsibility for loss or damage howsoever

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