Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

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 PAPER91.4% 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: 1 times
Comments (0)
Click to create a comment or rate a document


Ensuring Safety at Sea

These include the Gyro compass and the rate of turn indicator, among others.
Moreover, the AIS yields data from the ship’s compass and transmits this simultaneously. Relevant information including the ship’s name and the VHF call sign are encoded during equipment installation and are transmitted less often. Receipt of such signals is done through the AIS transponders installed on other ships and on land-based systems like the VTS.
To guarantee that the VHF transmissions of distinct AIS transponders do not transpire simultaneously, they are time-multiplexed. This is made possible through the use of patented technology tagged as STDMA (Self-organising Time Division Multiple Access). One issue of contention is w...
7 Pages(1750 words)Assignment

Competition in ICT Goods Services

...Can competition alone produce the best outcomes for consumers of ICT goods and services? if not why and where is regulation necessary? The question of placing faith on the concept of competition alone to maintain principles of free-trade as well as serve the consumers well has been a subject of much debate. The divergent trends in various parts of the world economy and the associated promise of social equality need be taken into account in this discussion. This is particularly relevant in the United Kingdom, where Information and Communication Technology (ICT) goods and services are increasingly becoming key contributors to the GDP. Here, powerful and state-of-the art digital technology is being integrated into the marketplace, making...
8 Pages(2000 words)Coursework

The Sale of Goods Act

The goods purchased in contracts should be of satisfactory quality as established by Section 14(2) of the Sale of Goods Act. However, this statutory requirement is applied to goods sold in the normal course of the business. In addition, goods supplied in contracts should have satisfactory quality and should be reasonably fit for the purpose for which the buyer had bought them.
Goods supplied must conform to their original description made at the time of entering into the contract. These requirements benefit the buyer and the supplier will be held liable if these requirements are breached. Essentially, the Sale of Goods Act ensures that the goods supplied must be of satisfactory quality and this requirement applies to the sale...
11 Pages(2750 words)Case Study

The Contract of Carriage Issue

English Rail is in the business of transporting passengers through its train system. It is therefore implied that it is capable of carrying out such business with reasonable care and skill. Those engaging in certain businesses that represent themselves as “being prepared to carry out a service, must exercise the skill of reasonably competent members of that trade or profession in providing the service” (Boella & Pannett, p. 228). Maggie slipped on the carriage due to tea spilt on the floor, and as a result injured her ankle and damaged her new coat. English Rail should have immediately cleaned up the spill in order to avoid slippage and injuries to its passengers. This is part of the reasonable care and skill that...
6 Pages(1500 words)Essay

The Science and Culture of the Sea: An Analysis of Herman Melvilles Moby Dick

...The Science and Culture of the Sea: An Analysis of Herman Melville’s Moby Dick Word Count 500 (6 pages) How does the book compare to our modern understanding of the sea? What science is accurate? Which is not? How is the sea and our relationship to it portrayed in this works of fiction? I. Introduction (150 words) Herman Melville’s Moby Dick is a classic which has stood the test of time, mainly because of its measured plot, solid cast of characters, and believable storyline. With the book Moby Dick, one can: make a comparison between itself and one’s modern understanding of the sea; make deductions about what is good, accurate science and what is not; and finally, divine how the relationship between the sea and human beings...
6 Pages(1500 words)Book Report/Review

Global Sea Level to Rising as Much as 70 Feet for Future Generations

Several controversies and studies have been ongoing on an understanding of how the ice sheets melt and increase the level of the sea (Parry). 
Research studies have reflected on the issue of increasing the level of the sea in the future that maybe around 40-7 feet higher than in the present times. Even if the world becomes successful in limiting global warming on earth, yet such a possibility remains significant, as research studies have revealed. A research team had been led by Kenneth G. Miller, a professor of earth and planetary sciences in the School of Arts and Sciences at Rutgers University, for the study of the levels of the sea and the possible consequences of such a situation. The team made studies on rocks and...
7 Pages(1750 words)Term Paper

Montreal Protocol, United Nations Convention on the Law of the Sea, and the International Maritime Organization

The central agenda in this protocol was to sign a binding contract on how some member states who are developed can reduce the emission of Ozone depletion substances (ODS) by cutting down of production of organic materials like chlorofluorocarbons (United Nations Environment Programme,2006). This is a significant environmental issue that has raised debate across the country and the increasing use of technology by the developed nations is one of the major threats that prompted the signing of the Montreal protocol. The agreement also sought to tighten the ban on trading some substances like methyl due to its great contribution to the ozone depletion with dire climatic consequences on Earth.

Since 1987 when this protocol wa...
9 Pages(2250 words)Assignment

The Problem with the Aral Sea

...THE PROBLEM WITH THE ARAL SEA of Affiliation THE PROBLEM WITH THE ARAL SEA Aral Sea, once grouped among the top largest inland water bodies is situated in the plains of Turan. This sea stretches to cover parts of the republics of Uzbekistan and kazakstan. For many years this sea was considered a central hub were hunters, traders, merchants and fisher met and engaged in diverse economic activities. Aral is translated in Kazakh to mean “island”. These islands form one important highway referred as the Silk Road, which lead all the way from Asia to Europe (STONE, 1999). In the recent years, Aral has attracted the world attention following its great degradation, a factor that has been termed one of the worst man-made disasters of this age...
6 Pages(1500 words)Term Paper

Analysis of The Old Man and the Sea

... an outstanding scene in the story. After an overwhelming success and triumph over the big fish, the old man set for the harbor where he can finally celebrate his victory. However, he encounters too many sharks that take away his fortune. Evidently, the old man has a good share of struggles with nature in the sea. Although he won the first one, the sharks prove to be stronger than he is, and he only gets to the harbor with the skeletons of the great fish that reminds him of his success (Vitacolonna 306). Outstanding Theme in the Book Hemingway’s work focuses on describing sea adventures as well as challenged human endurance. The sea is full of adventures for fishermen. Old Santiago’s experience in the sea is a reflection of the hardships...
8 Pages(2000 words)Book Report/Review

Sporting Goods Store

...Sporting Goods Store Case Study AFFILIATION: Table of Contents Influence 6 Leadership and Influence 6 Influences and their outcomes 6 Influence attempts and its purpose 7 Influence that is based on reasons or emotions 7 How does it work? 8 Marwell and Schmitt’s 16 8 Reward 9 Punishment 9 Positive Expertise 9 Negative Expertise 9 Liking 10 Gifting 10 Debt 10 Aversive Stimulation 10 Moral Appeal 10 Positive Self-feeling 11 Negative Self-feeling 11 Positive Alter-casting 11 Negative Alter-casting 11 Altruism 11 Positive Esteem of Others 11 Negative Esteem of Others 12 Infulence outcomes 12 Resistance 12 Compliance 13 Commitment 13 Most common tactics 13 Pressure 13 Assertiveness 13 Legitimating 13 Coalition 14...
15 Pages(3750 words)Assignment
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