Nobody downloaded yet

The lack of uniformity for liability on multimodal transports - Dissertation Example

Comments (0) Cite this document
Summary
(Name) (Assignment) (Date) The Lack of Uniformity for Liability on multimodal transport Introduction The past few decades witnessed rapid technological advancement in communications followed by the increasing trend toward globalisation and trade liberalization…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.5% of users find it useful
The lack of uniformity for liability on multimodal transports
Read TextPreview

Extract of sample
"The lack of uniformity for liability on multimodal transports"

Download file to see previous pages As Nes (2002) points out, during last centuries, unimodal transport conventions such as an urban network, a regional network, or a national network of transport were the main modes of transport for goods and services. As the volume transport increased, the global traders were forced to develop improved alternatives to overcome the existed difficulties. Multimodal transport convention has been designed as an alternative to the unimodal transport system and it refers to the transfer of goods under a single contract but involves in at least two different methods of transport (Roemer). Multimodal transport contains a chain of process and steps such as multiple storage and handling stages which require a thorough control (Gocheva). Lack of uniformity in multimodal transports As Devia (2008) points out the main difficulty associated with the carriage of goods is that there is no international regime in force regarding various modes of transport. It produces many confusions and barriers for the smooth operation of the stages of transport. As a result of this lack of uniformity in regulation, it is forced to apply the determination of the law to a specific transport process when different modes of transport are deployed (Haak, 2005). It also creates some difficulties for the international transport of goods. According to Sturley (2007), there may arise some problems in the transport of goods between countries located at different continent if the goods in transit are damaged. He says the reason that the law regarding carriage of goods may vary from region to region and from continent to continent due to the absence of a common law in force (Sturley). In such cases, it is very difficult to identify the places or stages where the damages occurred so that the liability of the carrier varies in relation to the court where he is sued. The Multimodal Transport Operator (MTO) is the carrier of the contract and the responsibility of cargo or goods reaches his shoulders as soon as he takes the possession of goods and bears this risk until the goods are being delivered (Ralph, 3). Although the MTO bears the whole risk of the goods in transport, he does not directly take part in the process of actual transfer of goods. On the other hand, he usually subcontracts the certain parts of the same to the network of subcontractees on a commission basis. According to the uniform liability rules, the MTO is liable for the goods of the shipper so that he has to pay compensation to the shipper if the goods in transit are damaged at any stage of the transport (United Nations,.20). Sometimes, the shipper’s goods may get damaged due to the negligence of the sub carrier who does not have any direct liability towards the shipper since he has not entered into any contract with the shipper. At the same time, the sub carrier has jointly formed a contract with MTO and he has to pay compensation to the MTO if the contracted goods are damaged while their possession lies with the sub carrier (unimodal law). Due to the lack of uniformity of ‘uniform liability rules’ and ‘unimodal laws’, an MTO would not recover the whole compensation amount from the sub carriers; and it would lead MTO to huge losses. Although network liability system and modified liability system have developed to solve the difficulties associated with transport of goods, it cannot bring uniformity in applicable liability regimes for multimodal transport. Rotterdam Rules Rotterdam rules or United Nations Convention on Contracts for the International ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The lack of uniformity for liability on multimodal transports Dissertation”, n.d.)
Retrieved from https://studentshare.org/family-consumer-science/1405857-the-lack-of-uniformity-for-liability-on-multimodal
(The Lack of Uniformity for Liability on Multimodal Transports Dissertation)
https://studentshare.org/family-consumer-science/1405857-the-lack-of-uniformity-for-liability-on-multimodal.
“The Lack of Uniformity for Liability on Multimodal Transports Dissertation”, n.d. https://studentshare.org/family-consumer-science/1405857-the-lack-of-uniformity-for-liability-on-multimodal.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Civil liability
...? Civil Liability Effectiveness and efficiency of federal, county, or municipal installations are heavily dependent on the services of dispatch officers. Dispatch officers play critical communications role as they are responsible for transmitting and receiving reliable and correct messages, recording important information, and tracking equipments and vehicles. Public safety dispatchers often receive calls from institutions and individuals who are in need of help from emergency medical officers, police officers, and firefighters. Despite the integral role played by public safety telecommunications, civil liability may arise from the processes involved. Civil Liability Introduction It is no...
10 Pages(2500 words)Research Paper
CyberTorts, Strict Liability, Products Liability, Consumer Protection
...? TORTS Cyber Torts, Strict Liability, Products Liability, Consumer Protection Introduction The business world is governed largely by 2 types of law,contract law and tort law. Contract law pertains to the specific terms and conditions involved in the supply of a particular product or service. On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these statutes, court decisions are based on precedent, that is, previous cases involving similar facts. Torts are wrongs committed against individuals and groups and can be intentional or unintentional. Intentional torts are...
3 Pages(750 words)Essay
Vicarious Liability
...? Vicarious Liability Briefly discuss the terms vicarious liability and corporate liability. Vicarious liabilityentails a tort where a third party is held liable due to the negligence of another person for whom they have a special relationship. For example, an employer may be held liable for a tort committed by his/her employee (Anselmi, 2012). On the contrary, corporate liability involves a legal responsibility of a company due to criminal acts executed by its employers. Corporate liability focuses to determine the extent in which a company may be held liable for the criminal acts committed by a natural person employed by that company (Bright, 2008). 2....
3 Pages(750 words)Essay
Transports Adverse Impact
...Critical Review, Week 5 This week's reading comes to the adverse impact of transport. In Chapter 5 of their book "Transport's Adverse Impact", Gilbert and Perl discussed this issue from worldwide to specific countries and regions, from environmental impact to social-economical impact. They clearly address that present motorized transport contributes to today's urgent problem of climate change. The authors cited Greene and Wegener's (1997, pg. 177) words, "There is now broad agreement that present trends in transport are not sustainable, and many conclude that fundamental changes in the technology, design, operation, and financing of transport systems are...
3 Pages(750 words)Literature review
Auditors' liability
...Auditor's Liability In the United Kingdom, companies are required to get their accounts and financial ments audited by external auditors. Thesestate guaranteed market of external audits are applicable to around 600,000 companies, schools, universities, trade unions, hospitals, government departments and charities who have to submit to an external financial audit by accountants belonging to one of the select accountancy trade associations. (Cousins et al, 1998) Contrary to the early reasons for having this law, state guaranteed market of external audits hasn't been able to provide a secure employment and niches for accountants. The failures and negligence of external auditing make it to the news headlines regularly....
6 Pages(1500 words)Essay
Carrier Liability
...Carrier Liability Apparent from the facts of the case is that the seller may not have fulfilled his contractual obligations to the buyer. Rats were found clinging to the bagged rice, with it remaining indeterminate as to when and from where they came. Uncontested, however, are the facts which indicate that when loading and storing into the ship's hold, crew members did not report this and, as a result, a clean bill of lading was issued. As a direct outcome of the stated, therefore, and consequent to passage of risk, the seller's possible liability dissipated. The meaning of this is clear. In accordance with both SoGA and CIF, the risk passed from the seller to the carrier upon his delivery of the bagged rice to them... and their...
11 Pages(2750 words)Essay
Dependence of Suppliers on Multimodal Transport
...RUNNING HEAD: DEPENDENCE OF SUPPLIERS ON MULTIMODAL TRANSPORT The Dependence of Finished-Product International Supply Chains on Multimodal Transport Operations Name Class Date The Dependence of Finished-Product International Supply Chains on MTOs Introduction As the world continues to shrink due to market globalisation, the importance of intermodal transportation partnerships and expansion of multimodal transport infrastructure are critical to optimising supply chain functionality. According to Rondenelli and Berry there are four movements leading the international company's (IC) quest to continued...
14 Pages(3500 words)Essay
European transports and communications systems
...With particular reference to what has been called the “real price” of oil, discuss two possible developments in air transport in the E.U. over the next 10 years The Europe lags behind the USA in the field of space researches, they are not coordinated and scattered in various national programs and the centers. One of members of the European commission has declared that competitiveness of the European aviation industry depends on researches. As he said, if Europe wishes to keep the value in the aviation world, it should not split up the research programs or be scattered by resources, that undoubtedly occurs because of absence of coordination. Recently in Hamburg the conference "the Sight-2020" took place. It was directed on...
8 Pages(2000 words)Essay
Lack of linguistic uniformity in USA
...One of the most unique aspects about the United s is its overall lack of linguistic uniformity. Whereas there are immigrants in almost each and every nation around the world, the United States is ultimately been founded upon a culture of integration. Such a culture of immigration necessarily means that a very large percentage of the individuals residing with the United States speak languages other than English. Many times, the overall level of English-speaking individuals within the United States it varies from location to location. Although there is no uniform percentage of individuals that speak English alone, are bilingual, or cannot speak English whatsoever, it must be noted that...
1 Pages(250 words)Essay
Liability Issues - Limited Liability Company
...Liability Issues - Limited Liability Company Introduction This paper is based on a case analysis that is based on three friends who have graduated from the Computer Science Department of the Manchester Metropolitan University who desire to run a business that will buy and sell computers, computer software and accessories. The paper provides advice on how to incorporate their business and carry out their transactions in order to attain the best and optimal results. Types of Business Options There are three main types of businesses in the UK and these are: 1. Sole traders 2. Limited companies and 3. Business partnerships (Gov.uk, 2014) Under each of these three types of businesses there are...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Dissertation on topic The lack of uniformity for liability on multimodal transports for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us