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Hi Mike
May I ask some questions about the damages lecture?:
1. for the tallow ship, who were they going to sue and under what jurisdiction? where they dealing with another British company at the port?
2. for the ship delivering sugar, did the captain give a due date of delivery at time of contract? also, if he was not aiming to be efficient in his delivery and was just being arbitrary in his time keeping, wasn’t he being negligent anyway?
1) I believe that International Law existed even back in those years. Presumably the tallow producer had a contact with the ship owner but then broke that contract. But you’re missing the point of the case … all you should be interested in is the fact that it is illegal to trade with the enemy. All other detail about the case is there to illustrate that fact
2) The captain was merely the carrier of the sugar cargo. Delivery times could only ever be approximate dependent as they were on the weather conditions. One day, two days, even possibly a week would presumably have been acceptable. But three weeks was an unnecessarily long delay
“did the captain give a due date of delivery at time of contract?” – I suppose that he must have because how else could we know that he was three weeks late?
Was he being negligent? I suppose he was
OK?
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