Read the Case and answer the Questions

Case- Mr. Sheng leng v Cyclone Limited and Marshalls Ltd.

On 1 January, Cyclone Ltd. chartered the m.v. Americana from Marshalls Ltd., for a voyage from San Francisco to New York. The charter party stated that the m.v. Americana was an A1 vessel, capable of steaming at 22 knots. In fact, she could only do about 15 knots. The charter party further provided that Cyclone had a right to cancel the charterparty if the m.v. Americana was not delivered by 20 January. When the m.v. Americana was finally delivered to Cyclone at 10:00 am on 21 January, Cyclone refused to accept delivery and cancelled the charterparty. The vessel was only classified A3.

On 22 January, Cyclone thenchartered the m.v. Materialistic, owned by Johnny Cool Ltd for a voyage from San Francisco to New York. Cyclone loaded 10,000 bottles rice wine; 25,000 bottles rice vinegar; 8,000 sacks of soya bean and 5,000 boxes of Chinese fireworks. All four cargoes were required for the New York Chinese New Year celebrations. When the m.v. Materialistic was at San Francisco, the master, Captain Pity, discovered that the steering gear was defective. The ship repairer took five days to remedy the fault. Cyclone protested about this and also about the damp condition of the hold. She was, however, persuaded to load her cargoes, as time was running short and she was anxious for the cargoes to arrive in time for the Chinese New Year celebrations starting on 15 February.

During the voyage from San Francisco to the Panama Canal, the crew discovered that all the bottles of rice wine had leaked as they were not properly corked. The seepage from the rice wine contaminated 350 sacks of soya bean. After leaving the Panama Canal, the vessel encountered a tropical storm and had to deviate to Kingston, Jamaica to seek shelter. Whilst at Kingston the master decided to give his men four days shore leave to attend a Bob Marley commemoration festival. The additional delay meant that by the time the sacks of soya bean were delivered to New York many of the beans had started to germinate and turn bitter. Captain Pity was then ordered by Johnny Cool to load a cargo of ceramic tiles which were urgently needed by the US

Space Agency for the Voyager Space Shuttle and deliver them to Cape Kennedy. As a consequence of this delay, a large number of the bottles of rice vinegar started to ferment.

Cyclone, who was aware of the deviation, elected to waive it, as she had previously sold the vinegar to Mr. Sheng Leng in New York. When the m.v. Materialistic arrived at New York on 28 February, stevedores negligently dropped 250 bottles of rice vinegar into the dock. Mr. Sheng Leng refused to take delivery of the vinegar. As a result of the stevedore's rough handling the fireworks exploded and damaged parts of the vessel which cost $80,000 to repair.

Mr. Sheng Leng has commenced legal proceedings against Cyclone Limited and Marshalls Limited as he feels they are liable for the damages to his items.

Your CEO Mr. Al Caline is requesting that the following Issues to be expounded on determine liability in this case:

1. Was there a Duty of Care?

2. Was there Misrepresentation?

3. Ship ownership and Registration

4. Is shore leave allowed under the law?

5. What is the Role of the Captain?

6. What is the Role of the Crew?

7. Was this a justifiable deviation?

8. Is the Defendant liable?

9. How do you propose this Maritime dispute be resolved?