| Carriage of goods
by sea |
| Section A: Contracts of
affreightment and voyage charter parties |
| ·
Owners’ implied obligations (seaworthiness,
reasonable despatch and no deviation; consequences for breach
under common law); conditions, warranties, innominate terms;
representations (descriptions of ship, date of arrival, cancelling),
charterers’ obligations (nomination of safe port, loading of full
and complete, non-dangerous cargo) |
| ·
Laytime and demurrage; freight |
| Section B: Time charter
parties |
| ·
Nature; description of ship, delivery date and
cancelling clause; charter period; early or late redelivery;
payment of hire; off-hire; deductions from hire; withdrawal of
ship for no punctual payment; employment and indemnity clause;
owners' liens on freight or sub-freight. |
| Section C: The bill of
lading contract and functions |
| ·
The bill of lading as a contract; incorporation of
charter party terms; identity of carrier; the bill of lading and
third parties |
| ·
The bill of lading as a receipt; representations as
to quantity, condition and identity (leading marks) of cargo;
common law and statutory estoppel |
| ·
The bill of lading as a document of title and the
Carriage of Goods by Sea Act 1992 |
| Section D: International
conventions regulating the rights and obligations of the parties
to the bill of lading contract |
|
·
The Hague and Hague-Visby Rules; the Hamburg Rules;
genesis of the Rules and comparison. When do these rules apply?
Excluded cases; period covered; no contracting out; the carrier’s
duties; the carrier’s defences; responsibilities of cargo owner or
shipper. Freight Time limit for making a claim; limitation of
liability |
Sequence:
The sections must be attempted in order. |
|
Textbooks:
John F. Wilson, Carriage of Goods by Sea (London:
Longman, 2008), ISBN: 9781405846691
Anthony D. Hughes, Casebook on
Carriage of Goods by Sea (Oxford: Blackstone Press, 1999),
ISBN: 9781854318817
|
