As far as the contractual liabilities and rights of the parties are concerned exhibits TP4 which gave rise to the contract of carriage of the goods in question between the defendant and the third-party shows that there was supposed to be a separate trucking agreement signed between the companies. No evidence was led to the effect that such a trucking agreement was ever signed between the defendant and the third-party and no trucking agreement was adduced in evidence. As to how such an agreement would have affected the rights and obligations of the parties remains unknown. As far as the submission limiting liability of the third-party to a sum of United States dollars 55,000 is concerned, this submission is inconsistent with clause 6.5 of exhibit D1.) 6.5 expressly provide that the carrier is liable to reimburse Maersk logistics or any customer the "full replacement value of any goods and/or container which are lost or damaged whilst in its custody or control." This is not only complementary but also in addition to clause 8.1 which provides that the carrier shall maintain full insurance coverage with a reputable insurer for all services it provides under the agreement. It is not necessary to go into lengthy written submissions of the parties on the question of insurance because I was not addressed adequately neither was evidence adduced on who is the insured. It is not indicated whether the insurance is of a customer of third-party or insurance of the third-party itself. Reading clause 8.1 carefully, the insurance was to cover the services provided by the carrier who is the third-party in this action. Two points may be made. The first point is that breach of the agreement by the third-party entitles the defendant under clause 8.4 to treat the breach as a material breach of the agreement which would entitle it to terminate the agreement immediately and without liability. The second point is that insurance inures for the benefit of the insured and is considered commercial prudence. According to McGregor on Damages 15th edition (Sweet and Maxwell) Paragraph 1482 page 928, as early as 1874 it was decided in the case of Bradburn v. G.W. RY. (1874) L.R. 10 Ex. 1 that, where the plaintiff had taken out accident insurance, the moneys received by him under the insurance policy were not to be taken into account in assessing the damages for the injury in respect of which he had been paid the insurance moneys. This decision was endorsed in the case of Parry v Cleaver [1969] 1 All ER 555. The argument in favour of non 52

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