CARRIAGE OF GOODS BY SEA - Coursework Example

Comments (0) Cite this document
Carriage of Goods by Sea Part A. Liability for Damages and Loss for the Carriage of Goods by Sea under the Hague/Visby Rules All claims and liabilities arising out of the aborted voyage of the MV Costanzia involve the charter party between Bushey Lines and Hadley Marine Ltd., Hadley and ASS, the bill of lading between Blanca Ltd…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.9% of users find it useful
Read TextPreview

Extract of sample "CARRIAGE OF GOODS BY SEA"

Download file to see previous pages are founded on the application of the Carriage of Goods by Sea Act 1971 and the Hague/Visby Rules 1968. Contracts for the carriage of goods by sea which are described by a bill of lading are covered by the Carriage of Goods by Sea Act 1971 which gives effect to the Hague-Visby Rules 1968.1 The 1971 Act and by extension the Hague/Visby Rules 1968a are only applicable to “outwards bills of lading” which essentially means bills of lading that are issued “from a British port” or a port in Northern Ireland so that the “port of destination is immaterial”.2 Specifically Article X of the Hague Visby Rules 1968 provide that: The provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if (a) The bill of lading is issued in contracting State, or (b) The carriage is form a port in a contracting State...3 The applicability of the Hague/Visby Rules to the contractual terms of the bill of lading between Bushey and Blanca is important in terms of establishing possible liability and claims. Pursuant to Article IV of the 1968 Rules, the carrier is only “liable for loss or damage arising or resulting from unseaworthiness” if such unseaworthiness is “caused by want of due diligence on the part of the carrier to make the ship seaworthy” and to ensure that the ship is “properly manned, equipped and supplied”, before and at the start of the voyage.4 On the facts of the case it is not revealed whether or not the hull to the MV Costanzia was damaged prior to the voyage or damaged at the beginning of the voyage. As it turns out the facts merely reveal that the damaged hull was discovered at the beginning of the voyage and thus it must be assumed that the carrier (Bushey) performed due diligence in ensuring that the ship was seaworthy at the beginning of the voyage as they immediately contacted Hadley (the shipowner) who in turn dispatched ASS a society to which Hadley belonged to survey the damages. ASS’s surveyor however, erroneously determined that the ship was seaworthy for the voyage to Canada after temporary repairs, but would have to have more thorough repairs conducted once the ship arrived in Canada. Based on the surveyor’s erroneous findings, the ship set sail once again, but subsequently sank with the result that its freight was lost. Assuming the hull was damaged prior to leaving the port at Southampton, the ship was not seaworthy rendering the carrier liable if the unseaworthiness is a result of the carrier’s own negligence.5 If the hull was damaged prior to leaving the port, it can be assumed that the carrier was negligent, and thus Article IV(2)(p) applies. Article IV(2)(p) provides that the ship owner and the carrier will only be exempt from “latent defects not discoverable by due diligence”.6 It can be argued that since the damage to the hull was discovered once the voyage began, it was not a latent defect that could not have been discovered by due diligence. Based on the assumption that the damaged hull existed prior to the voyage and ultimately caused the damages and losses suffered by Blanca, both Bushey and Hadley as carrier and shipowner respectively are liable under Article IV(2)(p) of the Hague/Visby Rules, 1968. Even if the damages to the hull were not sustained until after the ship began its voyage, Bushey and/or Hadley will remain liable under the Hague/Visby R ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“CARRIAGE OF GOODS BY SEA Coursework Example | Topics and Well Written Essays - 3750 words”, n.d.)
Retrieved from
(CARRIAGE OF GOODS BY SEA Coursework Example | Topics and Well Written Essays - 3750 Words)
“CARRIAGE OF GOODS BY SEA Coursework Example | Topics and Well Written Essays - 3750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


International Sales Contracts & Carriage of Goods by Sea

...?INTERNATIONAL SALES CONTRACT AND CARRIAGE OF GOODS BY SEA Introduction International sale by carriage of goods by sea is one way for a country to get goods and services it needed. The parties involved in this type of transaction are the exporter and the importer or whom we commonly refer to as the seller and the buyer. Many of their concerns are similar. Whether they are beginners or experienced traders, they are satisfied when they receive shipments sooner or if there is no mix-up in the delivery of goods. Accurate documentation specifically in the area of quoting terms of sale is very vital to the...
12 Pages(3000 words)Essay

Marine Insurance/Carriage Goods by Sea

...Type of Assignment (e.g. test assignment) Due Marine Insurance Scenario Insurance policies and acts are important for businesses and contractors to cover losses and accidents that might effect the revenues and profits of the businesses. Marine Insurance enables an entity or a person to be indemnified in respect of any loss caused due to the damage to one’s ship or cargo etc, by an accident which is always a probable threat in sea voyages. In the given case, the loss is caused due to damage to two ships, a pier and 20,000 tonnes of cargo each belonging to different parties. The accident occurred when m/s Southern Traders moved forwards suddenly when it had to move backwards. It was damaged substantially. Assuming that it...
5 Pages(1250 words)Essay

Sales of Goods by Sea

...on transits in case of peril of the sea or any other risk that the cargo may be exposed to.4 For a contract to be termed valid and legally binding it must meet several requirements. Since the contract between A and B had requirements that the goods had to be delivered to Calais, these requirements are legally binding and ought to be met to conclude the terms of the contract. The seller, who in this case is Merchant A, is liable for the cargo up to destination. Basic documents required to approve sale is vital, with the document covering carriage of goods: the bill of landing which is the authentic receipt confirming goods delivery (UNDP 11). On critical...
3 Pages(750 words)Essay

Law of carriage of goods by sea

...Topic: Law of Carriage of Goods by Sea The Case of Fast &Ready: Part A Fast & Ready is a company that owns a large fleet of cargo vessels of many different types. Here Fast and Ready seeks advice on the following case. On 1st October 2007 Fast & Ready fixed its vessel 'The Multipurpose' to charterer Chester on a Gencon 1994 voyage charterparty from Port Elisabeth, South Africa to Liverpool, England for a cargo of 5,000 tonnes of chemicals (toxic liquid cargo) to be carried in bulk. The 'expected ready to load' date in box 9 of the Gencon 1994 voyage charterparty form stated 15th December 2007. Box 21 contained the 3rd January 2008 as 'cancelling date' and box 25 remained empty. On 3rd October 2007 Fast & Ready double checked... and...
15 Pages(3750 words)Essay

Carriage of goods by sea under Charter Party

...Carriage of goods by sea under Charter Party In the case presented, the parties involved are the Ship Owner, 'O' from England , the Charterer ,TD from Singapore, Shipper , Smart Clothing (SC) from Singapore, Cargo Co in England the shipper in a previous charter to the current one, Shipper Vignoble Sarl (v), and sub-charterer Bon Voyage SARL(BV). On perusal of facts, the ship owner is liable to the Charterer TD for the master's failure to take vessel through Suez route even though it was inadvisable and TD's lost opportunity to collect cargo from Jeddah, off-hire stay of the ship in Southampton due to arrest of the ship because of the owners default in the previous charter. The ship owner...
14 Pages(3500 words)Case Study

Carriage of Goods by Sea

...1 Carriage of Goods by Sea The general principle regarding the application of the Hague Rules is that they apply by their own force (ex proprio rigore) to contract of carriage covered by a bill of lading or any similar document of title. Art. 2 and the definition of “contract of carriage” art. 1 (b) makes this clear.1 .Art.2 – Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the...
4 Pages(1000 words)Essay

Is the liability of a carrier for the carriage of goods by sea any different under the Hague and Hague-Visby Rules than it is at common law

...Liabilities of Carriers of Carriage of goods by sea under Hague, Hague- Visby rules and Common law A Comparative Study 1 Introduction The carriage of goods by sea was one of the earliest forms of human commercial endeavors. To this day, the carriage of goods via the sea remains one of the most challenging areas of legal practice, and, of course, it is most money-spinning way also. But it is to be noted that, the carriers had strict liability on the goods they carried for the shippers from the days the...
10 Pages(2500 words)Essay

Law of International Carriage of Goods by Sea

...) the no deviation clause will apply to the contract between TC and Susan. In William Tetley’s definition of seaworthiness a no-deviation clause is readily inferred in all contracts for the carriage of goods by sea under the Hague-Visby Rules. According to Tetley seaworthiness means that the carrier ensures: “...the state of a vessel in such a condition, with such equipment and manned by such a master and crew that normally the cargo would be loaded, carried, cared for and discharged properly and safely on the contemplated voyage.”6 The duty of due diligence which carries with it a residual duty to properly man the ship is a continuous one commencing with the time of lading to the time...
18 Pages(4500 words)Essay

Carriage of goods by sea

...CARRIAGE OF GOODS BY SEA According to English law, the carrier responsibility for the goods conveyed commences not exactly after signing the seller to eventual buyer contract of sale. The contracts of sale and the other contract of carrier are two varying entities. Since they are separate, parties involved are also separate. The contract of sale hence does not have any inclination on the carrier contract of the goods.1 Part five of the Marine Liability Act, which was Initially Carriage of Goods by Water Act regulates and governs the conveyance of goods by the sea. Pursuant to act, the...
2 Pages(500 words)Outline

Carriage of Goods by Sea Act

...Carriage of Goods by Sea Act al Affiliation The exceptions of the Carriage of Goods by Sea Act include the following: Dangerous Cargo Sacrifices in perils Due diligence in avoiding the loss of goods These exceptions exist, in order to protect the carrier from being liable for the loss of the goods in dire circumstances (Wilson, 2001). Such exceptions protect the carrier to the extent of their ability to prove that it was indeed necessary to lose the goods at sea. I agree with the exceptions because they only operate at sea, where such issues could arise, such as sea perils that could force the carrier to lose the goods. In addition, I concur because the carrier has to prove the reasons for the loss of goods, failure... of an airline to...
1 Pages(250 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 Coursework on topic CARRIAGE OF GOODS BY SEA for FREE!

Contact Us