Cargo - Law Dictionary Search Results
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Cargo [fr. Cargo, Sp., the load of a ship; charge, Fr.], the lading of a ship, the merchandise or wares contained and conveyed in a ship.Includes anything carried or to be carried in a ship or other vessel. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (aa) includes anything carried or to be carried in a ship or other vessel. Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986), s. 2 (b)]Cargo is expressly defined therein to mean property other than baggage. There is, therefore, no way by which 'cargo' can be read to include baggage, International Airport Authority of India v. Ashok Dhawan, (1997) 11 SCC 343 (344). [International Airports Authority (Storage and Processing of Goods) Regulations, 1980, Regn. 2(b) and (g)]Cargo, includes mail, Halsbury's Laws of England Vol. 2, para 1092, p. 525 [Civil Aviation Act, 1982, s. 105(1) (UK)]....
Deck cargo
Deck cargo. By s. 10 of the (English) Merchant Shipping Act, 1906 (6 Edw. 7, c. 48), 'deck cargo' means any cargo carried either in any uncovered space on deck or in any covered space not included in the cubical contents forming the ship's registered tonnage. The (English) Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 Geo. 5, c. 9), s. 61, gives the Board of Trade power to make regulations, known as 'timber cargo regulations,' as to the carrying of timber in any uncovered space on deck....
hot cargo
hot cargo : products made by nonunion employees or by employees considered to be treated unfairly by their employer adj : of, relating to, or being an agreement between labor and an employer barring the employer from using or otherwise dealing with the products of another employer whose employees are nonunion NOTE: Hot cargo agreements, clauses, and provisions were outlawed by the Labor Management Reporting and Disclosure Act. ...
Cargo and personal luggage
Cargo and personal luggage, the term 'cargo' when it occurs in the notification of the Reserve Bank is that it is used as contra-distinguished from personal luggage in the law relating to the carriage of goods. The latter has been defined as whatever a passenger takes with him for his personal use or convenience, either with reference to his immediate necessities or for his personal needs at the end of his journey, State of Maharashtra v. Mayer Hans George, (1965) 1 SCR 123: AIR 1965 SC 722 (727). [Foreign Excahnge Regulation Act (7 of 1947), s. 8(1)]...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Average
Average, a medium, a mean proportion used in various senses:-(1) A service which a tenant owes to his lord by doing work with his avers.(2) A shipping or insurance term. (a) Average, or more fully general average, is where any damage or loss has been properly and voluntarily incurred in respect of a ship or cargo for its safety, e.g., goods thrown overboard in a storm to lighten the ship. Such loss by maritime law is shared proportionately between the shipowners and the owners of the cargo, according to value. This risk is almost always covered by insurance. An Average Bond is a bond entered into by the consignees of a cargo with the shipowners, when a general average loss has been sustained by the ship, binding the former to pay their proportion as soon as ascertained. (b) Particular average is damage, or loss to a ship, or cargo, other than a general average loss. Such a loss rests where it falls, that is to say, is borne by the owner of the thing lost or damaged, or by his insurer, ...
Dead freight
Dead freight, the unsupplied part of a cargo, or the freight payable by a merchant where he has not shipped a full cargo for the part not shipped.Amount charged for empty space in a vessel chartered to local a full cargo and which falls short of requirements; an agreed gum to be paid in respect of space not filled according to charter; or damages provided for by a charter, in the event of freighter not loading a full cargo...
loss
loss 1 : physical, emotional, or esp. economic harm or damage sustained: as a : decrease in value, capital, or amount compare gain b : an amount by which the cost of something (as goods or services) exceeds the selling price compare profit c : something unintentionally destroyed or placed beyond recovery d : the amount of an insured's financial detriment due to the occurrence of a stipulated event (as death, injury, destruction, or damage) in such a manner as to create liability in the insurer under the terms of the policy NOTE: As a general rule, economic losses are deductible from adjusted gross income under section 165 of the Internal Revenue Code. There are, however, numerous exceptions and limitations. actual loss : the identifiable and calculable monetary detriment that is suffered or will be suffered as a result of an act or event actual total loss : a loss in marine insurance in which the property (as a vessel or cargo) cannot be repaired or recovered compare constru...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
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