Vita Food Products Inc. V. Unus Shipping Co. Ltd. - The Court Below

The Court Below

In the original action before the Chief Justice, which was upheld on appeal to the Supreme Court of Nova Scotia en banc, the allegation of unseaworthiness was rejected, but it was accepted that the loss was due to the captain's negligence in navigation. The contention that the bills of lading were illegal was rejected — in addition, the Court also held that if the bills of lading were held to be illegal, the parties were in pari delicto and on that ground the action must fail.

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