Backdating of bill of lading Porn chatno e mails

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(2) An implied indemnity arising out of Clause 34 that the terms imposed on the Owners by any bills of lading issued by the Charterers will be on more onerous than the Owners' obligations under the charterparty.

(3) An implied indemnity arising from Owners' compliance with Charterers' request to deliver cargo without presentation of a bill of lading.

The District Court determined it had subject-matter jurisdiction over the cause, concluded it lacked personal jurisdiction over Sinochem under Pennsylvania law, conjectured that limited discovery might reveal that it had personal jurisdiction under Federal Rule of Civil Procedure 4(k)(2), but dismissed on forum non conveniens grounds, finding that the case could be adjudicated adequately and more conveniently in the Chinese courts.

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An explanation of the basis of the implied indemnity was given by Mr Justice Cresswell at first instance in the Island Archon [1993] 2 Lloyd's Rep.

387 at 407 where he said: "Under a time charterparty the shipowner puts the vessel at the disposal of the charterer, who can choose for himself what cargo he shall load and where he shall send the ship, provided that the limits prescribed by the contract are not exceeded.

There are five basic methods companies use to create bogus profits (See “The Fraud Beat,” , Oct.00, page 93; and Mar.01, page 91 ).

One of them is fraud in timing differences, also called cut-off fraud.

When deciding who has to bear the consequence of a choice being made in one way rather than the other, it is reasonable to assume that the consequences shall fall upon the person who made the choice, for it is the charterer who had the opportunity to decide upon the wisdom of the selection he makes".

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