The Contract of Affreightment As Expressed in Charterparties And Bills of Lading
The Contract of Affreightment As Expressed in Charterparties And Bills of Lading
Thomas Edward Scrutton
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False representations not embodied in the charter may be material in civil cases, either as estopping the party making them from denying their truth, or as rendering the contract voidable at the instance of the party relying on them («. ). If they are fraudulent (6), they wiU also give rise to an action in tort of deceit against the party making them. Representations embodied in the charter are either of facts as then existing, as of the then position of the ship, or of her class on the registe...r ; or are promises for the future, as that a ship will be ready to load by a given day. (a) Where a written agreement is conditional on some oral representation or agreement, the oral term may be enforced as a condition precedent, or as a term of the contract, breach of which gives rise to an action for damages. Cj. De Lassalle v. Guildford (1901), 2 K. B. 215 ; Bannerman v. White (1861), 10 C. 3. , N. S. 857 ; Mmgan v. Griffith (1870), L. R. 6 Ex. 70 ; Angell v. Duke (1875), L. R. 10 Q. B. 174.
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