Beruflich Dokumente
Kultur Dokumente
Background
A.
Supporting Documents
(A 37 (emphasis added).)
For each container of goods it transported for World
Imports, OEC provided to World Imports an invoice (the
Invoice) which contained, in its Terms and Conditions of
Service, the following provisions:
These terms and conditions constitute a legally
binding contract between the Company [i.e.,
OEC] and the Customer [i.e., World Imports].
14.
General Lien
Customers Property.
and
Right
to
Sell
B.
Procedural Background
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II.
DISCUSSION5
Mootness
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B.
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added):
Where the stipulation is, that the goods are to be
delivered at the port of discharge before the
freight is paid, without any condition or
qualification, it seems to be agreed that the lien
of the ship-owner for the payment of the freight
is waived and lost, as the right of lien is
inseparably associated with the possession of
the goods. Unless the stipulation is, that the
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Enforceability
Provisions
of
Maritime
Lien
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The Osaka court stressed that, under wellestablished law, the reciprocal obligations between ship and
cargo, from which maritime liens arise, do not attach until the
cargo is physically loaded on the ship; hence, the court
declined to recognize, by inference alone, a lien on the ship
for cargo that was contractually anticipated but never actually
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III.
Conclusion
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