Shanghai Mailin International Trade Co., Ltd. v. Borak Shipping Ltd.
摘要
Plaintiff owner purchased the logs in batches and transported by Defendant carrier. The agent of the port of loading issued six sets of clean on board original instructions B/L, the port of departure Douala, Cameroon and the port of discharge Zhangjiagang, China. When the ship arrived at the midway port, it was detained for failing the PSC inspection and was repaired before leaving the port. Three months later, the ship arrived at the unloading port to unload the goods, the owner commissioned the inspection agency to inspect, the agency held that the logs involved was stored in the goods hold for a long time and poor ventilation caused the loss of goods. In order to reduce loss, the owner resold the logs involved through price reduction sales. After the owner filed an action before the court, claiming to judge the carrier to compensate for the loss of goods and the corresponding interest. The court held that the carrier should compensate the owner for the loss of the goods and the corresponding interest because the carrier had a contractual obligation to deliver the goods to the owner holding the original bill of lading according to the six bills of lading involved; in addition, the carrier and its agent did not indicate the surface condition of the goods on the six original bills of lading involved and did not indicate that the logs were damaged before loading, so the six original clean bills of lading involved were sufficient to prove that the logs involved were in good condition at the time of loading and the damage occurred during the carrier’s responsibility period