Trafigura Beheer BV & anr v Mediterranean Shipping Company

Trafigura (Cargo Owners) claimed against MSC (the Carrier) for conversion and breach of contract
arising from the misdelivery by the Carrier of 18 containers of copper (“the Cargo”) shipped from
Durban to Shanghai. The case raised important issues including whether:

• The Carrier could exclude/limit its liability for misdelivery
• The Cargo Owners could recover damages for:
• hedging losses or
• conversion comprising the value of the cargo as at the date of judgment

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