Riverstone Meat v Lancashire Shipping Co. (Muncaster Castle) case brief summary
House of Lords, 1960
150 cases of canned ox tongue were shipped in good order on board the Muncaster Castle.
In the BOL it said that carrier were entitled to all privileges, rights and immunities contained in the Australian Sea-Carriage of Goods Act.
Water was discovered after 4 days of sailing and it had damaged 113 of the cases.
The cause of the seawater was because a fitter negligently failed to secure the nuts on the inspection cover evenly, so they loosened up and seawater entered.
Whether the respondents discharged the vessel seaworthy - Yes they did.
Whether the carrier is responsible for the negligence of the fitter - Yes they are responsible.
The fitter was an independent contractor.
By entrusting the vessel to reputable ship-repairers, the carriers did not perform their duty to exercise due diligence.
They were vicariously liable for negligence of a servant of an independent contractor.
The shipper is entitled to recover from the carrier.
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