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Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones
Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones
Law Faculty Publications
From the Summary of Argument:
In the twelve major commercial maritime nations represented by amici, a transport intermediary acts either as an agent or as a principal--depending on the facts of the case--and no legal rule requires an intermediary to act as an agent when it has not agreed to do so. When an intermediary acts as an "agent" to contract on behalf of its customer, the customer is bound by the contract between the intermediary agent and a third-party carrier, but when the intermediary assumes for itself the carrier's role in a contract with its customer, the customer will …
Brief Of Alain De Foucauld As Amicus Curiae In R.M.S. Titanic, Inc. V. The Wrecked And Abandoned Vessel, John Paul Jones
Brief Of Alain De Foucauld As Amicus Curiae In R.M.S. Titanic, Inc. V. The Wrecked And Abandoned Vessel, John Paul Jones
Law Faculty Publications
From the Summary of Argument:
The court below erred in its judgment that the procès verbal of October 20, 1993 should be refused recognition because it is contrary to French law. Article 13 of Decree No. 61-1547 (Dec. 21, 1961) does empower a maritime affairs administrator to award goods to a salvor under the conditions of this case, and there is no basis, in the record or in comity, for a conclusion to the contrary. Legislative acts in Canada and the United Kingdom affording administrative officers in those countries similar powers in cases of wreck and salvage persuade that, to …