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Steven v Bromley & Son [1919]

Facts

  • Shipowners agreed a charter fee for the transportation of steel billets
  • The charterers loaded general merchandise, in breach of the agreement

Issue

  • Could the ship owners be entitled to nominal damages only; or could a contract be inferred at a higher rate

Decision

  • Claim for beyond nominal damages allowed

Reasoning

  • A contract could be inferred such that the shipowners were entitled to the general rate for the ‘breaching’ cargo loaded
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