Carriage Of Goods By Sea, 5th Edition

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Carriage Of Goods By Sea, 5th Edition

Author Prof John Wilson
Publication Date 2005
ISBN 9780582823006
Fomat Softcover
Publisher Longman

 

Carrying of Commodities by Water is a detailed, authoritative, and critical examination of the legislation governing the carriage of goods by sea. While charter parties and bills of lading are the primary focus, new forms of paperwork and issues regarding through and combined transportation are also addressed.

This new fifth edition has been completely updated to reflect the most recent court decisions, legislative amendments, and changes in shipping practise.

Features:

  • A distinct chapter is devoted to conflict resolution.
  • Throughout, legal concepts are studied against the backdrop of actual documents and variables involved in the prosecution of a cargo claim, providing a practical focus to the legal study.
  • The book is particularly practical since it examines principles against the backdrop of current documentation, modern practise, and elements involved in cargo claim prosecution.
  • For quick reference, lists a selection of applicable legislation and a range of in-use documentation.

New To This Edition:

  • Cases on carelessness, fundamental breach, right to sue, and bailment on terms are included.
  • Significant rulings, particularly in the areas of limitation liability, time restrictions, straight bills, and the Himalaya Clauses, interpreting portions of the Hague and Hague/Visby Rules.
  • A complete list of references to shipping papers and relevant literature has been updated.
  • E-commerce difficulties, particularly in connection to transportation documents, are taken into account.

TABLE OF CONTENTS of Carriage Of Goods By Sea

Part 1: General introduction
1. Introduction: 
-The charterparty;
-The bill of lading contract;
-Charterers' bills of lading
-The demise charterparty  
 
2. Implied obligations in a contract of affreightment:  
-The undertaking as to seaworthiness;
-Obligation of reasonable dispatch;
-Obligation not to deviate from the agreed route;
-The obligation to nominate a safe port;
-The obligation not to ship dangerous goods;
-The effect of frustration.  
 
Part 2 : Charterparties  
3. The voyage charterparty:  
-An overview of the charter;
-The arrived ship;
-The preliminary voyage;
-The loading operation;
-The carrying voyage;
-The discharging operation  
 
4. The time charterparty:  
-General legal overview;
-Description of the vessel;
-Period of hire;
-Payment for hire;
-The off-hire clause;
-Deductions from hire;
-Right to withdraw vessel for non-payment of hire;
-Employment and agency clause;
-Redelivery of the vessel.  
 
Part 3: Bills of lading  
5. Bills of Lading and their Functions:  Historical introduction;
-Functions of a bill of lading;
-Bills of lading and third parties;
-Presentation of a bill of lading;
-Problems in presentation;
-Switch bills  
 
6. Application of the Hague/Visby Rules:  
-Application of the Rules;
-Legal effect of the Rules;
-Basic provisions of the Hague/Visby rules  
 
7. Bills of Lading:  
-The Hamburg Rules;
-Introduction  
 
8. Bills of Lading issued under Charterparties:  
-Where bill of lading issued to charterer;
-Where bill issued to third party shipper;
-Where bill indorsed by charterer to a third party;
-Shipowner's recourse against charterer  
 
9. Problems of Combined Transport:  
-The liability of the carrier;
-Combined transport and documentary credits;
-Effect of transhipment Multimodal Convention 1980.  
 
Part 4: Common aspects of contracts of affreighment  
10. Exceptions:  
-Common law exceptions;
-Contractual exceptions;
-The Hague/Visby exceptions;
-Bars to the exceptions  
 
11. Limitation of liability:  
-Introduction;
-Merchant Shipping Act 1979  
 
12. Freight:  
-The basic obligation;
-Advance freight;
-Specialised types of freight;
-Payment of freight  
 
13. Shipowners' Liens:  
-Liens at common law;
-Express contractual liens;
-The cesser clause.  
 
Part 5: Dispute settlement  
14. Dispute Settlement:  
-Problems of conflict of laws;
-Security for claims;
-Arbitration  
 
15. Breach of Contract:  
-Forms of breach;
-Effects of breach;
-The action for damages;
-Remedies other than damages.  
 
Appendices

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