R. B. Ballantyne & Co. v. Paton & Hendry [1911] ScotLR 183 (13 December 1911)
Clause 12 of the charter-party did not transfer the shipowner's common law liability for discharge to the charterers; employment and payment of stevedores by charterers, without averment of control, does not render charterers liable for damage during discharge.
- Citation
- [1911] ScotLR 183
- Parties
- Pursuer: R. B. Ballantyne & Company; Defender: Paton & Hendry
- Jurisdiction
- Scotland
- Judgment Date
- 13 December 1911
- Procedural Posture
- Reparation / Appeal From Sheriff Court, Inner House Second Division
- Outcome
- appeal dismissed
- Legal Topics
- Charter Party Construction, Liability for Damage During Discharge, Common Law Duty of Shipowner, Employment of Stevedores
Case Brief
Summary, issues, holding and outcome
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Parties
R. B. Ballantyne & Company
Pursuer
Paton & Hendry
Defender
Procedural Posture
Reparation / Appeal From Sheriff Court, Inner House Second Division
Legal Issues
- 1 Whether clause 12 of the charter-party transferred liability for discharge from shipowner to charterer
- 2 Whether employment and payment of stevedores by charterers renders them liable for damage caused during discharge
Ratio Decidendi
Clause 12 of the charter-party did not transfer the shipowner's common law liability for discharge to the charterers; employment and payment of stevedores by charterers, without averment of control, does not render charterers liable for damage during discharge.
Court Disposition
appeal dismissed
Orders
- interlocutors of the Sheriffs affirmed
- action dismissed
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