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bigcaat bigcaat
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6 years ago
The plaintiffs were growers of oranges in Spain and the defendants were ship owners. The plaintiffs wished to export their oranges to England and shipped them to the defendants' vessel, relying on an oral promise by the defendants' agent that the vessel would sail straight to London. In fact, the vessel went first to Antwerp, so that the oranges arrived late in London and the plaintiffs lost a favourable market. When the plaintiffs claimed damages for breach of contract, the defendant owners relied on the bill of lading, which expressly allowed them to proceed "by any route whether directly or indirectly" to London. In this case,
a. the bill of lading is evidence of the entire contract between the plaintiffs and ship owners.
b. the bill of lading contains an express term, and the defendants are bound by that term.
c. the contract consists of both the written bill of lading and the oral promise by the defendant's agent.
d. evidence of the oral promise of the defendant's agent cannot be admitted because of the parol evidence rule.
e. the court will find that there is no contract at all.
Textbook 
The Law and Business Administration in Canada

The Law and Business Administration in Canada


Edition: 14th
Authors:
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AlexStanfordAlexStanford
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