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Shipping Law - Essay Example

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The researcher of this paper examines "Shipping Law". The original bill of lading is the title document in an ocean shipment or as the lawyers say it prima fascia evidence of ownership . He who owns the bill of lading owns the shipment.
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Shipping Law
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Download file to see previous pages carriage and its acceptance by the shipper, including the advertisement of the carriage,
the booking notice, any statements by agents, and other such evidence, with the bill of
lading as the capstone. Since, the bill of lading is only signed by one party, the agent of
the carrier, with the shipper or his forwarding agent, responsible for the description of the
goods to be loaded or already loaded, the bill of lading has been described as a contract
for adhesion or a standard form contract if the shipper is using the usual forms provided
by the carrier. The named consignee, often the shipper himself, is also a party to bill of
lading, first, by receiving the goods at its destination upon producing the bill of lading,
and, second, as he may assume the risk covered by insurance during the voyage although
he has not yet acquired title to the goods.
(b) TC has indicated to Susan that he will accept liability to her for damage to half of
the goods. He intends to limit this liability under the US Carriage of Goods by Sea
Act 1936. Susan has said that as she is the lawful holder of the bills of lading, she
can sue him for all of the goods and that the Hague-Visby Rules will apply. Is
Susan correct in these beliefs

Hague-Visby Rules is one of the rule which defines the rights and
duties of parties in a contract of carriage of goods by sea, insurance for goods, and
transfer of title. The Hague and Hague- Visby rules are generally identical, except for
provisions dealing with limitations of liability, third parties and a few minor areas. The
Visby amendments to the Hague Rules increase the limits...
As indicated earlier, the bill of lading is the best evidence of the contract of carriage, but the entire contract depends upon the offer of service by the
carriage and its acceptance by the shipper, including the advertisement of the carriage, the booking notice, any statements by agents, and other such evidence, with the bill of lading as the capstone. Since, the bill of lading is only signed by one party, the agent of the carrier, with the shipper or his forwarding agent, responsible for the description of the goods to be loaded or already loaded, the bill of lading has been described as a contract for adhesion or a standard form contract if the shipper is using the usual forms provided by the carrier. The named consignee, often the shipper himself, is also a party to bill of lading, first, by receiving the goods at its destination upon producing the bill of lading, and, second, as he may assume the risk covered by insurance during the voyage although he has not yet acquired title to the goods. Hague-Visby Rules is one of the rule which defines the rights and duties of parties in a contract of carriage of goods by sea, insurance for goods, and transfer of title. The Hague and Hague- Visby rules are generally identical, except for provisions dealing with limitations of liability, third parties and a few minor areas. The Visby amendments to the Hague Rules increase the limits of the carrier liability, change the method of expressing the limitation amount (by weight).
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