Thomas Wilson, Sons & Co v Owners of the Cargo per The “XANTHO” (1887) 12 App Cas 503, House of Lords
Citation:Thomas Wilson, Sons & Co v Owners of the Cargo per The “XANTHO” (1887) 12 App Cas 503, House of Lords
Rule of thumb:What happens if cargo is damaged or destroyed by the perils of the sea? The ship is not liable for this – this is a risk all merchants take when they deliver goods to a buyer by sea.
Court held:Where the perils of the sea cause damage the carrier is no responsible for this, unless it can be shown that the carrier did not handle the peril of the sea with appropriate skill, or did not properly prepare the boat to withstand the perils of the sea.
Ratio-decidendi:
‘If the goods are not carried with reasonable care, and are consequently lost by perils of the sea, it becomes necessary to reconcile the two parts of the instrument, and this is done by holding that if the loss through perils of the sea is caused by the previous default of the shipowner, he is liable for this breach of his covenant’, Lord Herschell at 510-511
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.