Year: 2010 Language: english Author: John F. Wilson Genre: Maritime Law Publisher: Pearson Education Edition: 7th ISBN: 978-1-4082-1893-8 Format: PDF Quality: eBook Pages count: 617 Description: Carriage of Goods by Sea is an excellent book. It is clear, concise and simple and lays out the law on affreightment contracts in a clear and accessible manner that will be helpful to any student of shipping law or any lawyer beginning practice in shipping. The book begins with an introduction to affreightment contracts, distinguishing between bills of lading and charterparties. It lays out clearly the distinction between the two types of contract and considers the general obligations implied into a contract of carriage on the sea regardless of the type of affreightment contract being dealt with. Next, the book covers charterparties. There are chapters on the two main types of charterparties – voyage charterparties and time charterparties. Each considers the major elements of that type of contract. Thus, the chapter on voyage charterparties covers the cargo clauses, freight clauses, laytime provisions, loading provisions and considers when the ship has arrived, while the chapter on time charterparties considers the charter period, the off-hire period, the right to withdraw for non-payment and deductions from hire. The third part of the book considers bills of lading. This includes discussions of the different forms of bills of lading and the problems with presentation, as well as extended discussion of the rules on bills of lading and when they apply. Thus, there are entire chapters on the Hague-Visby Rules, the Hamburg Rules and the Rotterdam rules, including the liabilities accepted and limited under these rules. There is also a discussion of bills of lading issued under charterparties as well as an extended discussion of the problems of combined transport, including the Multimodal Convention of 1980. The next part of the book covers the common aspects of all types of contracts of affreightment. This includes exceptions, whereby the shipowner excludes liability for damage. The book covers exceptions from common law, contract and the Hague-Visby Rules, as well as limitation of liability in general under the Merchant Shipping Act 1995. There is also a chapter with a discussion of freight, including how it is calculated, when it must be paid and the specialised types of freight. There is also a discussion of shipowners’ liens over the goods to cover the freight. Finally, the book considers dispute resolution, including arbitration and the preliminary actions that might be used, such as an action in rem or a freezing injunction. The book also considers the general law on breach of contract. In addition, the book has a number of appendices which include the important Acts, Conventions and standard forms. Overall, Carriage of Goods by Sea is a very good book. It provides a clear exposition of the subject to the beginner, as well as a detailed discussion of the leading case law, legislation, conventions and forms and allows the reader to gain an understanding of shipping law with comparatively little effort. The writing is clear and easy to follow and, as a result, the book is comparatively quick going. I would recommend it to any student of shipping law or any practitioner who is starting out in maritime practice.
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Carriage of Goods By Sea
Year: 2010
Language: english
Author: John F. Wilson
Genre: Maritime Law
Publisher: Pearson Education
Edition: 7th
ISBN: 978-1-4082-1893-8
Format: PDF
Quality: eBook
Pages count: 617
Description: Carriage of Goods by Sea is an excellent book. It is clear, concise and simple and lays out the law on affreightment contracts in a clear and accessible manner that will be helpful to any student of shipping law or any lawyer beginning practice in shipping.
The book begins with an introduction to affreightment contracts, distinguishing between bills of lading and charterparties. It lays out clearly the distinction between the two types of contract and considers the general obligations implied into a contract of carriage on the sea regardless of the type of affreightment contract being dealt with. Next, the book covers charterparties. There are chapters on the two main types of charterparties – voyage charterparties and time charterparties. Each considers the major elements of that type of contract. Thus, the chapter on voyage charterparties covers the cargo clauses, freight clauses, laytime provisions, loading provisions and considers when the ship has arrived, while the chapter on time charterparties considers the charter period, the off-hire period, the right to withdraw for non-payment and deductions from hire.
The third part of the book considers bills of lading. This includes discussions of the different forms of bills of lading and the problems with presentation, as well as extended discussion of the rules on bills of lading and when they apply. Thus, there are entire chapters on the Hague-Visby Rules, the Hamburg Rules and the Rotterdam rules, including the liabilities accepted and limited under these rules. There is also a discussion of bills of lading issued under charterparties as well as an extended discussion of the problems of combined transport, including the Multimodal Convention of 1980.
The next part of the book covers the common aspects of all types of contracts of affreightment. This includes exceptions, whereby the shipowner excludes liability for damage. The book covers exceptions from common law, contract and the Hague-Visby Rules, as well as limitation of liability in general under the Merchant Shipping Act 1995. There is also a chapter with a discussion of freight, including how it is calculated, when it must be paid and the specialised types of freight. There is also a discussion of shipowners’ liens over the goods to cover the freight. Finally, the book considers dispute resolution, including arbitration and the preliminary actions that might be used, such as an action in rem or a freezing injunction. The book also considers the general law on breach of contract. In addition, the book has a number of appendices which include the important Acts, Conventions and standard forms.
Overall, Carriage of Goods by Sea is a very good book. It provides a clear exposition of the subject to the beginner, as well as a detailed discussion of the leading case law, legislation, conventions and forms and allows the reader to gain an understanding of shipping law with comparatively little effort. The writing is clear and easy to follow and, as a result, the book is comparatively quick going. I would recommend it to any student of shipping law or any practitioner who is starting out in maritime practice.
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