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Timothy Green, a wine and spirit merchant in England, arranged for a cargo of Canadian Whisky to be shipped CIF Seoul, from Canada to Seoul,
Timothy Green, a wine and spirit merchant in England, arranged for a cargo of Canadian Whisky to be shipped CIF Seoul, from Canada to Seoul, South Korea. The Booze Carrier Co owners of the mv Hooch, had entered into a demise charterparty with Wise Shippers Inc. for the use of the mv Hooch. Subsequently, Mr Bull contracted Wise Shippers Inc. to effect carriage of the Canadian Whisky to Seoul.
The Canadian Whisky was loaded aboard the mv Hooch at Vancouver. A clean bill of lading stating weight and quantity unknown was issued in respect of the cargo. It is later discovered that there were discrepancies between the invoice and the bill of lading regarding markings on the cases of whisky. Wise Shippers Inc. had received a contract with a new shipper and decided to capitalize on the current voyage and deviated to San Francisco to collect a shipment of additional cargo. Whilst the new cargo was being loaded at San Francisco a number of crates of Canadian Whisky were damaged by careless stevedores who decided to drink the contents of a number of loose bottles which fell out of the damaged crates. When the ship arrived at its destination, the cargo of Canadian Whisky fell short due to the damage and subsequent consumption by the stevedores. The bill of lading incorporated the Hague Visby Rules.
Advise Mr Green as to his rights under the bill of lading.
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