549. Common Law Lien For General Average. | Carriage Carriers | LexisNexis

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549. Common law lien for general average.

The shipowner has a lien at common law for general average contributions¹, and for the expenses incurred on behalf of the cargo owner at a port of refuge in the interests of the cargo

(1) Carriage Of Goods

160. Contracts of affreightment generally.

161. Incorporation of standard conditions via the Hague-Visby Rules.

162. Meaning of 'charterparty'.

163. Charterparties and possession of the vessel.

164. Voyage charterparties.

165. Time charterparties.

166. Charterparty by demise.

167. Contracts by agents.

168. Liability of agents and principals.

169. Unauthorised charterparties.

170. Formation of the contract, including formalities.

171. Charterparties agreed informally or 'subject to contract' etc.

172. Effect of written and printed terms in charterparty.

173. Admission of oral evidence.

174. Rules of construction of charterparty.

175. Intention of the parties; interpretation of words used in charterparty.

176. Construction of exceptions and terms in charterparty.

177. Misrepresentation, mistake and duress.

178. Illegality.

179. Test of whether term condition in charterparty.

180. Effect of subsequent events.

181. The effect of frustrating events.

182. Description of ship.

183. How far statements in charterparty about the vessel are conditions.

184. Cancelling clause in charterparty.

185. Delay in delivery.

186. Duration of time charterparty: late redelivery.

187. Duration of time charterparty: early redelivery.

188. Payment of hire.

189. Deductions from hire.

190. Off-hire clauses.

191. Withdrawal for non-payment of hire.

192. Rights in owner to terminate.

193. Rights in charterer to terminate.

194. Lawful cargo.

195. Shipment of dangerous goods.

196. Signing bills of lading.

197. Usual exceptions relieving the shipowner.

198. Construction of exceptions.

199. Employment and indemnity clauses.

200. Obligation to select safe ports.

201. Meaning of 'safe port'.

202. Port becoming subsequently unsafe.

203. Consequences of naming unsafe port.

204. Arbitration and other clauses.

205. Brokerage clause.

206. Description of ship.

207. How far statements in charterparty are conditions.

208. The voyage details.

209. Proceeding to port of loading.

210. Liability of shipowner under a charterparty for delay in proceeding to port of loading.

211. Reaching the port of loading or 'so near thereto as the ship can safely get'.

212. Meaning of 'arrived ship'.

213. Arrival: specified port.

214. Arrival: specified area.

215. Arrival: specified berth.

216. Cases where prerequisites of 'arrival' not necessary.

217. Loading in regular turn.

218. Readiness to load.

219. 'Expected ready to load'.

220. Pratique.

221. Notice of readiness and the charterer's duty to load.

222. Position of shipper other than charterer.

223. Implied undertaking of seaworthiness during loading.

224. Scope of undertaking of seaworthiness during loading.

225. What constitutes breach of undertaking of seaworthiness during loading.

226. Effect of exceptions on undertaking of seaworthiness during loading.

227. Unseaworthiness subsequently arising during loading.

228. When cargo must be ready.

229. Charterer's duty to procure cargo.

230. Transporting cargo to loading place.

231. Effect of both parties being aware of circumstances likely to cause delay.

232. Effect of premature readiness of ship.

233. Exception in charterparty covering cause of delay or failure.

234. Scope of exception in charterparty covering cause of delay or failure.

235. Effect when ship on demurrage.

236. Charterer's failure or refusal to load.

237. Cargo not as described in contract.

238. Dangerous goods.

239. Improperly packed goods.

240. Excessive amount of goods.

241. Exception in contract providing excuse for failure or delay in loading.

242. Place of delivery to ship.

243. Effect of delivery of goods to shipowner.

244. Risk during process of delivery to shipowner.

245. Charterer's duty where part of goods destroyed.

246. Charterer excused by shipowner's default.

247. Charterer excused where cause is expressly excepted by contract.

248. When goods are at shipowner's risk.

249. Shipowner's common law duties as to loading and stowage.

250. Broken stowage.

251. Statutory duties as to loading and stowage.

252. Contractual exemption from liability for bad stowage.

253. Deck cargo.

254. When shipowner is not liable for stowage.

255. Employment of stevedore.

256. Seaworthiness at commencement of voyage.

257. Fitness to encounter perils.

258. Crew and documentation.

259. Stowage of cargo.

260. Fitness to carry cargo.

261. Seaworthiness and timing: voyage in stages.

262. Extent of duty to provide seaworthy ship.

263. Time when seaworthiness necessary.

264. Effect of unseaworthiness.

265. Burden of proof of unseaworthiness.

266. Obtaining clearances to sail.

267. Sailing from port.

268. What constitutes sailing.

269. Prosecution of the voyage.

270. Proceeding without delay.

271. Keeping the ship seaworthy.

272. Master's power over cargo.

273. Obligation to repair ship.

274. Transhipment.

275. Transhipment under liberty reserved in contract.

276. Transhipment to earn freight.

277. Original contract unaffected by transhipment.

278. Prevention of voyage where cause not excepted from contract.

279. Transhipment as agent of necessity.

280. Deviation.

281. When deviation or delay is excused.

282. Port of discharge.

283. Port as ordered by the charterer.

284. When the consignee's obligation to take delivery arises.

285. Arrival of the ship.

286. Shipowner's duty to reach port of discharge.

287. Proceeding 'so near to port of discharge as ship can safely get'.

288. Proceeding 'so near to port of discharge as the ship can safely get': what amounts to obstruction.

289. What amounts to arrival of the ship.

290. Where arrival at berth necessary.

291. Proceeding to discharge berth.

292. Readiness to discharge.

293. Charterer's duty to discover arrival.

294. Written notice of readiness.

295. Discharge of cargo a joint act.

296. Duties as to discharge apart from term in contract.

297. Special terms or custom as to method of delivery.

298. Delivery alongside ship at consignee's risk and expense.

299. Alternative methods of delivery.

300. Sorting different consignments.

301. Freight terms.

302. Description of cargo.

303. Option to select cargo.

304. Amount of cargo.

305. Duties of shipowner in relation to cargo.

306. Terms as to freight in bills of lading.

307. Basis of liability.

308. Taking care of the cargo.

309. Carrier's liability for loss or damage to cargo.

310. Proximate cause.

311. Burden of proof in action for loss of or damage to cargo.

312. Act of God.

313. The Queen's enemies.

314. Restraints of princes and rulers.

315. Perils of the seas.

316. Perils of the sea combined with human act or omission.

317. Inherent vice; inadequate packing.

318. Fire on board ship.

319. Barratry of the master and crew.

320. Pirates, robbers and thieves.

321. Collisions, strandings and accidents of navigation.

322. Latent defects.

323. Leakage and breakage.

324. Negligence of shipowner's employees.

325. How far exceptions are mutual.

326. Relevance of the custom of the port.

327. Express terms as to loading and discharge of cargo.

328. Time for loading.

329. Time for discharge.

330. Where charterer is excused for delay.

331. Customary dispatch.

332. Demurrage days and payment of dispatch money.

333. The incidence of demurrage.

334. Demurrage and damages for detention.

335. Days saved at port of loading.

336. When demurrage ceases.

337. Demurrage: arrival of the ship and her placement at charterer's disposal.

338. Demurrage: meaning of 'in turn'.

339. Dispatch money.

340. Demurrage: construction of terms relating to time.

341. Scope of exceptions relieving the charterer.

342. Construction of exceptions relieving the charterer.

343. Principal exceptions relieving the charterer; in general.

344. Strikes and lock-outs.

345. Accidents beyond the charterer's control.

346. Ice, frost, fog or storm.

347. Cesser of liability, lien and other clauses.

348. Construction of cesser clause.

349. Lien clauses.

350. Services to ship.

351. Terms in the charterparty as to time.

352. Meaning of 'freight' in general.

353. Liability of charterer to pay freight.

354. Effect of cesser clause.

355. Where the consignee is liable.

356. Payment of freight: charterer and bill of lading holder.

357. Rights of charterer against consignee.

358. Sale or mortgage of ship.

359. When insurers are entitled to freight.

360. Assignment of freight.

361. Freight payable on delivery.

362. Failure to deliver goods.

363. Part delivery of goods.

364. Goods forwarded.

365. Amount payable on goods delivered.

366. Rate of payment of freight.

367. When measurement or weight to be taken to ascertain amount payable.

368. Lump sum freight.

369. When advance freight is payable.

370. Effect on balance of freight.

371. Freight pro rata.

372. Non-delivery of goods; right to back freight.

373. Failure to provide cargo.

374. Duty to seek other employment for the ship.

375. Failure to ship proper cargo; dead freight.

376. Failure to ship the charterer's goods.

377. Partial failure.

378. Breach of contract for delivery of goods.

379. Damages for delay on voyage.

380. Damages for non-delivery of cargo.

381. Special damage.

382. Damage limited by contract.

383. Indemnification by third parties.

384. Delivery of damaged goods.

385. International sale.

386. Evolution and purpose of international sale contracts.

387. Elements of cif contracts.

388. C & f contracts.

389. Bill of lading, policy of insurance and invoice.

390. Method of payment.

391. Financing of cif contracts.

392. Special terms.

393. Duties of seller.

394. Meaning of 'shipment'.

395. Time and route of shipment.

396. Requirements for acceptable tender of a bill of lading.

397. 'Received for shipment' bills of lading.

398. Bills of lading giving the carrier a liberty to deviate.

399. Bill of lading and transhipment.

400. Terms of insurance policy.

401. Other insurance documents.

402. Form of invoice.

403. Other documents.

404. Tender of the documents.

405. Price.

406. Time of payment.

407. Payment by acceptance of bill of exchange.

408. Discharge of the goods, laytime and demurrage.

409. Passing of property and reservation of rights of disposal.

410. Incidence of the risk.

411. Right of rejection.

412. Notice of appropriation.

413. Remedies for breach of cif contracts.

414. Commercial nature of fob contracts.

415. Insurance in fob contracts.

416. Risk in fob contracts.

417. When property passes under fob contract.

418. Payment under fob contract.

419. Shipment under fob contract.

420. Loading of goods, laytime and demurrage under fob contract.

421. Price in fob contract.

422. Right of rejection under fob contract.

423. Remedies for breach of fob contract.

424. Fas and for contracts.

425. Licences.

426. Prevention and hindrance of import and export.

427. Specific provision for the occurrence or consequences of prevention and hindrance.

428. Description of bill of lading.

429. Bills of lading: multimodal carriage.

430. Multimodal carriage terms.

431. Meaning of 'negotiability'.

432. Bill of lading as document of title.

433. Bill of lading as a receipt; statements about the goods.

434. Bill of lading as conclusive evidence.

435. Statement that goods 'shipped in good order and condition'.

436. Qualification of statements as to goods.

437. The bill of lading and the terms of the contract of carriage.

438. Effect of bill of lading where there is a charterparty.

439. Through and combined transport bills of lading.

440. Usual contents of bill of lading.

441. Delivery of bill of lading.

442. Mate's receipt.

443. Right to receive bill of lading.

444. Effect of mate's receipt.

445. Transfer of mate's receipt.

446. Persons who may sign bill of lading.

447. Effect of master's signature to bill of lading.

448. Usual authority of master in relation to bill of lading.

449. Limits on master's usual authority to bind shipowner.

450. Exceeding of master's authority.

451. Restrictions on transfer of bill of lading.

452. Transfer of property by bill of lading.

453. Transfer of bills in a set.

454. Mode of transfer of bill of lading.

455. Transfer of bill of lading to agent.

456. Electronic transfer.

457. Rights of lawful holder of transferable bill of lading.

458. Transfer of rights to holder after delivery of goods.

459. Persons suffering loss or damage but not having right of suit.

460. Loss of rights of suit.

461. Liabilities of person who becomes lawful holder of transferable bill of lading.

462. Representations in bills of lading.

463. Liability of shipowner for damage to goods.

464. Effect of excess of authority by agent signing bill of lading.

465. Pledgees and others holding bill of lading as security.

466. Effect of indorsement on liabilities of shipper, carrier and intermediate indorsees.

467. Implied contracts upon delivery of goods to holder of bill of lading.

468. Transfer of bill of lading operating as transfer of goods.

469. Transfer of bill of lading by way of mortgage or pledge.

470. Transfers of bill of lading passing no property.

471. Reservation of right of disposal.

472. Evidence of intention.

473. Protection of title by buyer.

474. Delivery in exchange for payment.

475. Indorsement to bank.

476. Where a claim is brought against the carrier by a charterer.

477. Where a claim is brought against the carrier by a non-charterer.

478. Rights of shipper or receiver where not the charterer.

479. Position of consignee.

480. Extent of authority of master or other agent.

481. Position between shipowner and persons not party to the charterparty.

482. Differences between the terms of the charterparty and those of the bill of lading.

483. Where contract of carriage to be found.

484. Tests for the incorporation of charterparty terms into bills of lading.

485. Construction of general terms of incorporation in bill of lading.

486. Inconsistent terms.

487. Sea waybills and straight bills of lading.

488. Delivery orders.

489. Application of the Hague-Visby Rules.

490. Contracting states and the territories in respect of which they are contracting.

491. Application of Hague-Visby Rules to British possessions.

492. Construction of Hague-Visby Rules.

493. Overview of the Hague-Visby Rules.

494. Application of Hague-Visby Rules to contracts and defined terms.

495. Voyages to which the Hague-Visby Rules apply.

496. Documents to which the Hague-Visby Rules apply.

497. Operations to which the Hague-Visby Rules apply.

498. Responsibilities as to seaworthiness.

499. Responsibilities as to manning, equipping and supplying ship.

500. Excusable deviations.

501. Duty to issue a bill of lading.

502. Effect of bill of lading.

503. Liability of shipper.

504. Issue of a 'shipped' bill of lading.

505. Care of cargo.

506. Inflammable, explosive or dangerous goods.

507. Rights and immunities of parties to a contract of carriage.

508. Protection afforded to carrier.

509. Carriers' specific immunities; unseaworthiness.

510. Immunity in respect of navigation or management of ship.

511. Other protection conferred on the carrier.

512. Latent defect not discoverable by due diligence.

513. General exception in respect of other causes.

514. Whether protection is afforded where loss due to carrier's prior default.

515. Immunities conferred on the shipper.

516. Limitation of carrier's liability.

517. Avoidance of clause relieving carrier of liability.

518. Carrier's right to limit or assume liability.

519. Special agreements.

520. Actions against carrier's servants or agents.

521. Global limitation of liability.

522. Obligation of consignee to give written notice of loss or damage to carrier.

523. Action for loss or damage: time limits.

524. Goods carried as bailee, according to terms of agreement between carrier and shipper.

525. Shipowner's duty in contract.

526. Shipowner's duty in tort.

527. Duty to deliver to the holder of bill of lading, if any.

528. Delivery of goods where no bill of lading is issued.

529. When carrier's liability for delivery ceases.

530. Unpaid seller's right to stoppage in transit.

531. Conflicting claims to cargo.

532. Master's implied authority on behalf of cargo owner.

533. Justifiable exercise of shipowner's authority.

534. Necessity must arise through the force of circumstances.

535. Course adopted must be reasonably necessary.

536. Inability to communicate with the cargo owner.

537. Where communication with the cargo owner is fruitless.

538. Expenses properly incurred.

539. Right to hypothecate the cargo: bottomry and respondentia.

540. Master's authority to sell the cargo.

541. Sale for preservation of cargo.

542. Necessity for sale of the cargo.

543. Power to land and warehouse cargo.

544. Consignee subsequently coming forward.

545. Effect of landing cargo.

546. Shipowner's lien.

547. Common law lien for freight.

548. Extent of lien for freight.

549. Common law lien for general average.

550. Lien created by agreement.

551. How far liens are enforceable against holders of bills of lading.

552. Duration of and loss of lien.

553. Principle of general average.

554. Meaning of 'particular average'.

555. Meaning of 'general average'.

556. The York-Antwerp Rules.

557. Non-separation agreements.

558. Requisites for the right to general average contribution.

559. General average loss of cargo.

560. General average loss of freight.

561. General average loss of ship and equipment.

562. General average expenditure.

563. Expenses at port of refuge.

564. When general average ceases.

565. Persons liable to general average contribution.

566. Enforcement by lien of general average contribution.

567. Enforcement of general average contribution by action.

568. Adjustment of amount of general average contribution.

569. Value of cargo.

570. Value of the ship.

571. Value of freight.

572. Average statement.

573. Period of limitation.