Tyzack & Branfoot Steamship Co., Ltd v. Frank Stewart Sandeman & Sons [1912] ScotLR 897 (12 July 1912)

Tyzack & Branfoot Steamship Co., Ltd v. Frank Stewart Sandeman & Sons [1912] ScotLR 897 (12 July 1912)

The bill of lading exempted shipowners from liability for inaccuracies or absence of marks; shipowners delivered all bales received; unmarked bales must be allocated proportionally among consignees with shortages; only the value of the net shortfall after allocation may be deducted from freight.

Citation
[1912] ScotLR 897
Parties
Pursuer: Tyzack & Branfoot Steamship Company, Limited; Defender: Frank Stewart Sandeman & Sons
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Commercial Shipping Dispute / Appeal From Sheriff Court Decision
Outcome
appeal allowed in part
Legal Topics
Bill of Lading, Exemptions, Short Delivery, Allocation of Unmarked Goods, General Average
Shipping Law Contract Law Bill of Lading Exemptions Short Delivery Allocation of Unmarked Goods General Average

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Parties

Tyzack & Branfoot Steamship Company, Limited

Pursuer

Frank Stewart Sandeman & Sons

Defender

Procedural Posture

Commercial Shipping Dispute / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Are shipowners liable for short delivery or misdescription of goods under bill of lading when exemptions apply?
  2. 2 How should unmarked bales be allocated among consignees with short deliveries?

Ratio Decidendi

The bill of lading exempted shipowners from liability for inaccuracies or absence of marks; shipowners delivered all bales received; unmarked bales must be allocated proportionally among consignees with shortages; only the value of the net shortfall after allocation may be deducted from freight.

Court Disposition

appeal allowed in part

Orders

  • Sheriff-Substitute's interlocutor recalled
  • Decree for £175, 1s. 6d. under deduction of £8, 11s. with interest