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Priestly v Fernie (1863)

Facts

  • The claimants succeeded in suing the master of a ship based on a bill of lading
  • The judgment obtained was not satisfied: the agent master of the ship failed to pay damages

Issue

  • Could an action based on the same bill of lading be made against the ship owner (the principal of the master)?

Decision

  • No

Reasoning

  • The (opinion: pointless) doctrine of merger
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