Law of International Carriage of Goods by Sea - Essay Example

Janet’s rights and TC’s obligations will be construed by reference to the Contracts (Rights of Third Parties) Act 1999. The 1999 Act is specifically designed to protect the rights of third parties to a contract by conferring on that third party certain enforceable rights.2 The Sale of Goods Act 1979 will also apply to Janet’s case. The facts of the case for discussion reveal that Susan contracted with TC by virtue of a voyage charter for the delivery of a consignment of Russian Flagship Vodka from Russia to London.

The contract incorporated the Hague-Visby Rules and contained a clause against deviation from the voyage unless it was a matter of life or death. The no-deviation clause however, did not appear in the bills of lading. In any event Susan made it clear to TC that it was imperative that the consignment of vodka arrive in London as quickly as possible since she wanted to benefit from the upcoming vodka drinking summer season. This the understanding between the parties to the contract for the shipment of Vodka from Russia to the UK.

The fact that a no deviation clause does not appear on the bills of lading will not function to relieve TC of an obligation to adhere to the no deviation clause in the primary contract for the transhipment of the vodka. Article III(3) of the Hague-Visby Rules delineates the primary function of the bills of lading.3 The bills of lading will generally be useful for identifying and reconciling the goods delivered with the goods dispatched. As a result the bills of lading will describe the markings and stamps on the goods at the time of loading as well as the number of “packages, or the quantity or weight” of the goods at that particular time and the “apparent order and condition of the goods.

”4 Moreover, the requirement of due diligence as contained in Article III(1) of the Hague-Visby Rules can be interpreted to include a duty of no