Ss Ardennes (cargo Owner) V Ss Ardennes

Published: 2021-08-31 05:35:08
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Category: American History

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B/L as evidence of the contractGenerally, the contract is concluded orally long before the bill is issued Although the reverse side of every standard liner B/L is to be found a detailed set of printed contractual terms.The shippers are concerned, these terms do not constitute the contract of carriage itself, but merely provide evidence of it. If the printed terms of the B/L is subsequently issued do not comply with those of the earlier oral agreement, the shipper is not debarred from submitting oral evidence to establish the precise terms of that agreement. As expressed by Lush in 1879 “A B/L is not the contract but only the evidence of the contact.SS Ardennes (Cargo Owner) v SS Ardennes (Owner) (1951):The plaintiffs shipped 3,000 cases of mandarin oranges at Cartagena for carriage to London.They received an oral undertaking from shipowners’ agent that the vessel would proceed directly to London.The B/L contained liberty to call at other ports and the ship sailed to Antwerp firstly.This caused the plaintiffs had to pay a higher rate of import duty and the market price for the oranges fell.Court held that a B/L is not in itself the contract between the shipowner and the shipper, it is only a best evidence of a contract. Shippers are entitled to damages for the extra duty paid and the fall in the market price.The sharp price reduction was caused by the arrival of three other fruit ships from Valencia.Thus the plaintiff cannot actually claim the amount they contended.Crooks & Co. v Allan (1879)

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