ABSTRACT

Negligence An action against the shipowner will be possible in negligence under the principles set out by the House of Lords in Donoghue v Stevenson .130 To succeed, the claimant must show that, at the time the goods were damaged, it either owned the goods or had the immediate right to possession of them.131 The fact that risk has passed to the claimant under the contract of sale is not in itself sufficient to found a suit in negligence.132