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Cases and Materials on the Carriage of Goods by Sea


Year: 2016
Language: english
Author: Anthony Rogers, Jason Chuah and Martin Dockray
Genre: Практическое пособие
Publisher: Routledge/ Taylor & Francis Group
Edition: 4
ISBN: 978-1-31574975-4
Format: PDF
Quality: eBook
Number of pages: 1464
Description: Cases and Materials on the Carriage of Goods by Sea, fourth edition,
offers tailored coverage of the most commonly taught topics on
Carriage of Goods by Sea courses. Combining a collection of legislative
materials, commentaries, scholarly articles, standard forms and up-todate
English case law, it covers the major areas of chartering and bills
of lading as well as matters such as exclusion and limitation of
liability.

Contents

Contents
Preface
Acknowledgements
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Legislation

1 Introduction
1 Introduction
2 Chartered shipping
3 Liner shipping
Further reading
2 The Vessel and Implied Warranties as to Her Operation
1 Identity of the ship
2 Particular items of description
2.1 Flag
2.2 Class
2.3 Cargo capacity
3 Time for performance
3.1 Fixed date obligations
3.2 Reasonable despatch
3.3 Expected ready to load
3.4 Combined effect of reasonable despatch and ‘expected ready
to load undertakings’
3.5 Cancellation clauses
4 Speed and fuel consumption
5 The liability of sea carriers
6 Public carriers
7 Private carriers
8 Carriage under special contract
9 Burden of proof
10 The duty to carry with care
11 The carrier’s duty of care
12 Care and perils of the sea
13 Care and fire
14 Care to avoid consequences
15 Exclusion of duty to exercise due care
16 Burden of proof
17 Liability in tort
18 Seaworthiness
19 The implied warranty: Origins
20 The modern doctrine: Summary
21 Cargoworthiness
22 Unseaworthiness: Competence of crew
23 Lack of necessary documents
24 Time at which warranty attaches: The doctrine of stages
25 Unseaworthiness or bad stowage?
26 Causation
27 Burden of proof
28 Remedies
29 Deviation
30 The origins of the duty not to deviate
31 Proper route
32 Voluntary departure
33 Justifiable deviation: Deviation to save life
34 Deviation to avoid imminent peril: The extent of permissible
deviation
35 Justifiable deviation and unseaworthiness
36 Liberty to deviate clauses
37 Effect of deviation
Further reading
3 Voyage Charterparties, Freight, Laytime and Demurrage
1 Contracts of affreightment
2 The charterparty
3 Duty to provide a cargo
4 A full and complete cargo
5 Alternative cargo options
6 Loading
7 Dangerous cargo
8 Arrived ship, laytime and demurrage laytime
8.1 Arrival
8.2 Readiness
8.3 Notice of readiness
9 Fixed laytime
9.1 General principles
9.2 ‘Fault of the shipowner’
9.3 Use of a waiting ship by the owner
10 Calculating fixed laytime
11 Laytime not fixed
12 Demurrage
12.1 Effect of an agreement to pay demurrage
12.2 Once on demurrage, always on demurrage
12.3 How long must a ship remain on demurrage?
13 Despatch
14 Freight
15 Delivery freight
16 Lump sum freight
17 Pro rata freight and the right to forward
18 Advance freight
19 Back freight
20 Shipper’s liability for freight
21 Cesser clauses
Further reading
4 Time Charters
1 Terminology
2 The interrelationship of clauses and the charterer’s right to give
legitimate orders
2.1 Time for compliance
3 Shipowner’s right to an indemnity
3.1 Need for an unbroken chain of causation
4 Safe ports
5 Hire and withdrawal
5.1 Waiver
5.2 Relief from forfeiture
5.3 Withdrawal for any other breach
5.4 Deductions from hire
6 Off-hire
6.1 Loss of time
6.2 Partial inefficiency
6.3 Inefficiency and external causes
7 Redelivery
7.1 The legitimate final voyage
7.2 Redelivery in disrepair
7.3 Redelivery at the wrong place
Further reading
5 Bills of Lading
1 A bit of the historical context
2 Bills of lading as contract and evidence of contract
3 Bill of lading without contractual force
4 The terms of the contract: Incorporation of charterparties in bills
of lading
5 The terms of the contract: Incorporation of international carriage
conventions
6 Which rules are incorporated by virtue of the clause paramount?
7 The terms of the contract: Relevant rules of construction
8 Whose contract? Identifying the carrier
9 A contractual right under the bill of lading to demand delivery of
goods
10 A carrier is entitled to deliver against production of one original
bill
11 The bill of lading as a receipt of cargo
11.1 Evidence of quantity
11.2 Evidence of quality
11.3 Evidence of condition
11.4 Incorrect dating of the bill of lading
12 The bill of lading as a document of title
13 Intention of the parties
14 Nature of the interest passed
15 Straight bills of lading and sea waybills
16 Exhaustion of transferability
17 Statutory transfer of rights of action
18 Carriage of Goods by Sea Act 1992
19 Transfer of contractual rights
20 Transmission of liabilities under the 1992 Act
21 Right to sue after the extinction of shipper’s contractual rights
22 Bills of lading and technology
Further reading
6 Carriage Contracts and Third Parties
1 Contracts (Rights of Third Parties) Act 1999
2 Himalaya clauses
3 Bailment on terms
4 Brandt contracts
5 The rule in Dunlop v Lambert
Further reading
7 Contractual Liabilities between Carrier and Cargo Interest – The
Hague-Visby and Hamburg Regimes
1 The Hague (Visby) regime in English law
2 Interpretation of the convention
3 Article I
3.1 Carrier
3.2 Contract of carriage
3.3 Contract not in bill of lading
3.4 Straight bill of lading
3.5 No right to a bill of lading
3.6 A bill of lading, etc, is necessary but not sufficient to engage
the Rules
3.7 Deck cargo
4 Article II
5 Article III, rule 1: Seaworthiness
5.1 An overriding obligation
5.2 An inescapable obligation
5.3 Due diligence
5.4 Seaworthiness: ‘The voyage’
6 Article III, rule 2
7 Article III, rule 3: Carrier’s duty to issue a bill of lading
8 Article III, rule 6: Time limit on suits
9 Article III, rule 8
10 Article IV, rule 2
10.1 Article IV, r 2(a): Fault in the navigation or management of
the ship
10.2 Article IV, r 2(q): Any other cause
11 Article IV, rule 4
12 Article IV, rule 5
13 The Hamburg Rules
13.1 Introduction
13.2 Scope of application
13.3 Exclusion of the Rules
13.4 Who is a carrier?
13.5 Carrier’s liability and limits of liability
13.6 Shipper liability
13.7 Carrier’s duties in respect of documentation
13.8 Time limit
13.9 Initial reception
Further reading
8 The Rotterdam Rules
1 Rationale
2 Contracts to which the Rules apply
2.1 Volume contracts
2.2 Definitions relating to the parties, goods and vessel
3 Scope of application
4 Carrier’s obligations
4.1 Carriage and delivery of the goods
4.2 Period of responsibility of the carrier
4.3 Specific obligations
4.4 Specific obligations applicable to the voyage by sea
4.5 Goods that may become a danger
4.6 Liability of the carrier for loss, damage or delay
5 Special provisions on particular stages of carriage
6 Limits on liability
7 Time limits
8 Third parties
9 Transport documentation and electronic records
10 Shipper’s obligations
11 Delivery of the cargo
12 Transfer of rights
13 Conclusion
13.1 Shippers
13.2 Freight forwarders
13.3 Carriers/owners
Further reading
Index

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