ELLERMAN & BUCKNALL STEAMSHIP CO. LTD. vs SHA MISRIMAL BHERAJEE

The Supreme Court held that the appellant shipowner was liable for deceit as they issued a clean bill of lading despite knowing the goods were packed in old drums, contrary to the contract stipulating new drums. The Court clarified that the claim was based on misrepresentation, not merely breach of contract, as the condition of the drums was integral to the agreement. The High Court's decision to hold the shipowners responsible for the loss incurred by the respondent was upheld, emphasizing the importance of adhering to the agreed terms of packaging under the contract.