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Recovering Post-Withdrawal Costs: Indemnity Clause, Bailment And Unjust Enrichment, Alvin W. L. See, Ken T. C. Lee
Recovering Post-Withdrawal Costs: Indemnity Clause, Bailment And Unjust Enrichment, Alvin W. L. See, Ken T. C. Lee
Alvin W-L See
The Supreme Court decision inENE 1 Kos Ltd v Petroleo Brasileiro SA Petrobras (The Kos) raised two issues of general importance: one on the construction of an indemnity clause in a time charter, and another on the nature of a gratuitous bailee's right to charge the bailor for the cost of taking care of the latter's goods.
Rethinking Unjust Enrichment, Bailment And Necessity, Ken Tc Lee, Alvin Wei-Liang See
Rethinking Unjust Enrichment, Bailment And Necessity, Ken Tc Lee, Alvin Wei-Liang See
Alvin W-L See
The Kos In The Winson , 1 the House of Lords held that salvors who took steps to prevent deterioration of salved cargo after a salvage agreement had ended had “a correlative right to charge the owner of the goods with the expenses reasonably incurred in doing so”. The * Pupil Barrister, Hong Kong. ** Lecturer in Law, Taylor’s University, Malaysia The authors would like to thank Professor Lusina Ho of HKU and Mr David Martin-Clark for their helpful comments and encouragements. All views and errors remain our own. 1. China Pacific SA v. Food Corp of India (The Winson) …