Cases and Materials on the Carriage of Goods by Sea by Martin Dockray

By Martin Dockray

Cases  fabrics at the Carriage of products via Sea incorporates a choice of legislative fabric, ordinary shape contracts and updated assurance of English case legislations. It covers the most important components of chartering and money owed of lading, in addition to issues akin to exclusion and quandary of liability.

This version has been comprehensively up-to-date and provides the newest situations to its powerful insurance of vintage gurus. impressive additions within the chapters facing money owed of lading contain The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. at the Carriage of products by means of Sea Act 1992, the $64000 judgements of The Berge Sisar and East West Corp are integrated, whereas key fresh judgements on chartering, akin to The Hill concord, The satisfied Day and The Stolt Spur are absolutely treated.

This publication offers an up to date number of fabrics when it comes to the carriage of products by way of sea so that it will be of price to either scholars of legislation and felony practitioners.

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Extra info for Cases and Materials on the Carriage of Goods by Sea

Sample text

The basis of the subject is the law of contract. It also draws on the laws of tort, bailment, agency, property and equity. But if only familiar principles of general law are involved, how can the law of carriage be said to be distinct? One answer can be found in the way in which general legal ideas have been adapted to meet the special features of the sea trade. One feature of this business is its international nature; this produces a great desire for international uniformity in maritime law. This desire has been satisfied in a few areas of the law of carriage of goods, although not always by the same means: inter-governmental agreements resulted in the Hague and the Hague-Visby Rules (see Chapter 10); international agreement amongst interest groups produced the York-Antwerp Rules (Chapter 17).

The widespread use of standard form documents as the basis of most carriage contracts (see the examples reproduced in the Appendix) also has something of a unifying effect. A second obvious feature of the shipping industry is that contracts for the carriage of goods by sea fall to be performed in special and often hazardous conditions in which it is practically impossible for one party to supervise the work of the other from day to day. This factor was clearly instrumental in the development of the sea carrier’s general duties, including the duty to provide a seaworthy ship (Chapter 4) and the duty not to deviate from route (Chapter 5), as well as in relation to general average (Chapter 17).

Third parties may become involved in the carriage of goods in other ways. Even when a cargo remains in the ownership of a single shipper throughout an ocean voyage it is quite possible that the whole or part of the contract (loading or discharging the cargo, for example) may actually be performed by someone other than the party who originally contracted to carry and deliver. This leads to complex questions about who can sue and who can be sued. In the absence of a statute dealing with the particular problem, in English law satisfactory answers to these questions often involve the creative application of ideas drawn from contract (for example, implication of a contract or of a term), tort (for example, recognition or denial of a duty of care), bailment (terms of bailment) or the law of evidence or of damages.

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