Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA (The “TORENIA”) [1983] 2 Lloyd’s Rep 210
Citation:Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA (The “TORENIA”) [1983] 2 Lloyd’s Rep 210
Rule of thumb:How do you raise a case for breach for shipping services/ carriage services? You have to first & foremost establish the exact nature of the contract and present this to the Court – if this is not done then the claim cannot be upheld & must be dismissed as irrelevant.
Judgment:
The relationship between the present parties is contractual. It follows … that the question of legal burden of proof has ultimately to be decided by construing the contract between them. … In ascertaining the effect of the contract one must take into account the nature of the contract. The contract here is a contract in a bill of lading; it is a contract of carriage - that is to say, a species of a contract of bailment’, Hobhouse J at 216
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.