D gave oral assurance that goods would be carried below deck but they were placed above deck and were consequently washed overboard during a storm. The printed standard conditions of the forwarding  trade allowed D to carry containers above deck if they wished to do so.


Held: there was a breach of contract and D could not rely on the written agreement. The promise to carry goods below deck was an enforceable collateral contract and the oral assurance was an express term, which was partly oral, written and by conduct. 

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