29 [1953] Vol. 2 Lloyd's Rep. 47LEOLGA COMPANIA DE NAVIGACION, S.A. v. JOHN GLYNN &SON, LTD. 高院
（）1. Steamer to be employed in lawful trades for the conveyance of lawful merchandise between good and safe ports or places within the following limits: Full Mediterranean and Red Sea. . . .
10. In the event of loss of time caused by drydocking or by other necessary measures to maintain the efficiency of steamer. . . . breakdown of machinery, damage to hull or other accident preventing the working of the steamer and lasting more than twenty-four consecutive hours, hire to cease from commencement of such loss of time until steamer is again in efficient state to resume service. . . .
12. Charterers to be responsible for loss or damage caused to steamer or owners by goods being loaded contrary to the terms of this charter or by . . . improper or negligent act on their part or that of their servants.
31. In the event of explosives being shipped it is agreed that charterers are to supply at their expense the necessary magazine in order to comply with Board of Trade regulations.
32. Dangerous cargo may be carried in accordance with Board of Trade Rules. . . .
（）-Held, that to constitute "lawful merchandise" the goods loaded must be such as could be loaded without breach of the law in force at the port of loading and such as could be lawfully discharged at the nominated discharging port; that in causing the cargo to be discharged at Adabiya the charterers had knowingly disregarded the prohibition contained in the letter from the Egyptian authorities; that accordingly the cargo loaded was not "lawful merchandise" and the charterers were in breach of the charter-party (though not on the basis of Vanderspar & Co. v. Duncan & Co.); and that, it not having been shown that the umpire had misdirected himself or acted without evidence in assessing damages, his assessment should not be interfered with- Award upheld on different grounds.
（）本案的思路第一是否停租；这个是肯定的，第二这个停租是否是由于租家违反合约托运合法货物 第三租家所托运的货物是否合法？这个需要考虑的是合法货物的定义？ |
发表于 2011-4-6 21:16
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