DCC 395/1997
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Admiralty, Shipping & Navigation, General Transport Law, General Commercial Law, Commercial Contracts
Copyright
LexisNexis
Decision date
10 May 1998
Catchwords
Maritime shipping contract – Bill of lading – Trial court – Fact of action – Sequential shipping – Transit stage – Default liability – Contractual liability – Contested judgment – Last carrier – Consignee
The proof of the maritime shipping contract in the bill of lading and the authority of the trial court to understand the fact of the action. The last carrier shall be only responsible, in the case of sequential shipping, of his mistake in the transit stage, which was implemented on the basis of default liability, not the contractual liability. The contested judgment that the burden of proving the availability of default responsibility elements toward the last carrier shall be beard by the injured for the failure of the responsibility of that carrier on a basis of the contractual liability because of the absence of contractual relationship with the consignee has a proof in documents.
Pursuant to the perusal of the documents, and the reading of the summary report and the pleading and after deliberation.
Whereas the cassation has fulfilled all formal conditions;