DCC 198/1997
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Contract Law, Admiralty, Shipping & Navigation, Payment & Payment Systems
Copyright
LexisNexis
Decision date
20 Dec 1997
Catchwords
Tort – Shipping – Contract – Fire – Bill of lading – Damaged Cargo – Dangerous Goods – Seaworthiness
This case involved a claim for damages for goods which had been destroyed as a result of a fire on a vessel. Under UAE law where a fire on a ship causes damage it is necessary to specifically prove negligence of the carrier or crew. A vessel is not unseaworthy merely because it has dangerous cargo. The claimant had tried to claim under tort when a contractual relationship existed as a result of the bill of lading, so this was not possible.
Background