An analysis of carriage of goods by sea

To what contracts of carriage does the Convention apply. Article 49 is about right to retain cargo to secure freight. The civil-law privilege differs from a common-law lien in that it confers on the carrier power and authority to sell the goods for the satisfaction of his claims.

The starting point of the Convention is therefore relatively straightforward. If, exceptionally, a forwarding agent acts as a carrier throughout the journey and uses other carriers on his own account, he is liable to the owner for any loss or damage to the goods during carriage.

Diversion and reconsignment; stoppage in transit The terms diversion and reconsignment are used interchangeably to refer to a change in the destination or billing of a shipment before or after it reaches its original destination.

In civil-law countries the carrier under a contract of carriage is ordinarily bound as a warrantor for any damage to or loss of the goods carried, unless he proves that the damage or loss has resulted from irresistible force force majeurethe inherent vice of the goods, or from the fault of the shipper or of the consignee.

It is not concerned with questions of jurisdiction i. There will also be problem questions to be used for discussion in class.

His main obligation is to have the goods carried to their destination and delivered to the consignee. Under the law of contracts, failure of the carrier to deliver the goods within the prescribed period of time will be treated as a breach of contract. If that is right, bills of lading, like all other contracts of carriage, will be covered by the provisions of the Convention; but the question cannot be regarded as free from doubt.

The excepted causes at common law include acts of God, acts of enemies of the crown, fault of the shipper, inherent vices of the goods, and fraud of the shipper.

Stoppage in transit is technically the right of an unpaid seller of goods to change their destination before they are delivered to the consignee.

It is perhaps more doubtful whether a similar line of reasoning could, without more, be used to infer an actual choice of law under the Rome Convention.

It frequently contains the statement that the goods have been shipped in apparent good order and condition. There is, however, as yet no direct authority on this question under the Convention.

If the above propositions are right, it means that the rules of the Convention will apply to all contracts of carriage under English law. Delivery of the bill of lading to a transferee for valuable consideration transfers the ownership of the goods to the transferee, but the transferee cannot acquire a better title than that of the transferor.

There are two exclusions which are of particular relevance when considering contracts for the carriage of goods. The distinction between common carriers and carriers that are not classified as common carriers, such as private carriers or contract carriers, involves significant legal consequences in the light of both common law and legislation.

Moreover, contrary to the provision of the old Act and in order to avoid the liability of banks, the statute provides that the transfer of liabilities will be effective only if the person to whom these rights are transferred: But a carrier who has issued a negotiable bill of lading will be discharged only by delivery to the holder of the bill, because, in a way, the goods are locked up in the bill of lading.

There are however exceptions to this principle where there are "mandatory" rules i. This includes a review of the functions and important clauses found in diverse types of bills of lading and charterparties.

How this possibility will be addressed by the English courts remains to be seen. The judgement of Lord Hobhouse of Woodborough, followed by unanimous decision of the House of Lords, makes a clear point on this matter where it provides that: The Convention will also apply to non-negotiable documents such as waybills.

In maritime carriage perils of the sea and particularly jettison are added to the list of excepted causes. Articles 59, 60 and 61 deal with this subject. Under a purely maritime through bill of lading, successive carriers are equally bound, unless the contrary has been stipulated.

Fraud of the shipper is an untrue statement as to the nature or value of the goods.

CARRIAGE OF GOODS – F R Chowdhury (1st Batch)

The Convention brings a sigh of relief from too many complicated international instruments. Article 82 deals with transportation by air and road for which provisions of other international conventions apply.

They are in conformity with current international practice and procedures. This rule is substantially new to English law since it requires the courts, in considering whether to give effect to a choice of law, to have regard to the mandatory rules of another country.

In any event, the drafters of the Convention plainly realised that there might be difficulties in applying the characteristic performance test to certain types of shipping contract, because the presumption does not apply at all to contracts "for the carriage of goods".

Carriage of Goods by Sea

Parties are free to stipulate that the carrier shall be liable in excess of any statutory limitation, but clauses that are designed to reduce the liability of the carrier below statutory limits are ordinarily null and void.

Basis of any carriage of the goods by sea is a sale contract, i.e. a contract between the seller of the goods and the buyer. When actual sale and purchase has been agreed between parties they make arrangements for transportation of the commodity from place of origin to place of delivery.

This Act may be cited as the Carriage of Goods Act. Shorttitls PART I. Carriage of Goods by Land 2. carriage of goods by sea to which the rules apply any absolute undertaking by the carrier of the goods to provide a sea. Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field.

goods by water, shall have effect, subject to the provisions of the Carriage of Goods by Sea Act of the United States, approved April 16,which shall be deemed to be.

Nations Convention on the Carriage of Goods by Sea, (Hamburg)" and alternatively The “Hamburg Rules", reminiscent of the Convention which it sought to replace i.e.

Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air.

An analysis of carriage of goods by sea
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Carriage of Goods by Sea - Stephen D. Girvin - Oxford University Press