Time Limit For Claims And Financial Limitations On Carriers’ Liability Under The Rules 1. Time limit for claims The third paragraph of Art. III, r.6 provides that the carrier and the ship: “…shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of...
May 5, 2024
Category: Law of The carriage of Goods by Sea
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Law of The carriage of Goods by Sea
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April 27, 2022July 25, 2022International conventions regulating the rights and obligations of the parties to the bill of lading contract, Law of The carriage of Goods by Sea
Hague-Visby Rules III
Hague-Visby Rules III – The Carrier’s Defences 1. ‘Due Diligence’ Defence Under Art. IV, r.1 This is not a defence, strictly speaking, since if due diligence is shown, the primary duty of the carrier under Art. III, r.1 has been discharged. In general, we can only speculate as to why it was thought necessary to...
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April 27, 2022July 25, 2022International conventions regulating the rights and obligations of the parties to the bill of lading contract, Law of The carriage of Goods by Sea
Hague-Visby Rules II
Hague-Visby Rules II – The Carrier’s Duties 1. Period Covered By The Rules Under the terms of Art. II, carriers are subject to the responsibilities and liabilities set out in the Rules ‘under every contract of carriage of goods by sea’ in relation to the loading, handling, stowing, carriage, custody, care and discharge of the...
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April 27, 2022July 25, 2022International conventions regulating the rights and obligations of the parties to the bill of lading contract, Law of The carriage of Goods by Sea
Hague-Visby Rules I
Hague-Visby Rules I –Contracts To Which The Rules Apply 1. Contract Of Carriage ‘Covered By A Bill Of Lading’ The great case of Pyrene v Scindia raised the question of the scope of the Rules in acute form. A fire tender sold FOB (‘free on board’) was being loaded by the ship’s tackle on to...
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April 27, 2022May 5, 2022Law of The carriage of Goods by Sea, The bill of lading contract and functions
Bill of Lading as A Document of Title
Bill Of Lading As A Document Of Title 1. Types Of Bill Of Lading A bill of lading may be a straight bill or an order bill. A straight bill of lading provides for ‘delivery of goods to a named consignee and not to order or assigns or bearer, and so [is] not transferable by...
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April 27, 2022July 25, 2022Law of The carriage of Goods by Sea, The bill of lading contract and functions
Bill of lading as a receipt
Bill of lading as a receipt 1. Apparent condition of the goods Printed forms of bills of lading typically state: ‘SHIPPED at the Port of Loading in apparent good order and condition…’ (CONGENBILL, Edition 1994). It has been established since Silver v Ocean SS that the carrier is estopped, in favour of a transferee of...
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April 27, 2022July 25, 2022Law of The carriage of Goods by Sea, The bill of lading contract and functions
Bill of Lading as Evidence of the Contract of Carriage
Bill Of Lading As Evidence Of The Contract Of Carriage 1. General rule: distinction between shippers and transferees of bills of lading It has been settled since the nineteenth century that the bill of lading is not the contract, but merely evidence of it where it is in the hands of a shipper. Both the...
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April 27, 2022July 25, 2022Law of The carriage of Goods by Sea, Time charter parties
Employment And Indemnity
Employment And Indemnity Orders as regards employment Employment refers to the employment of the ship (i.e. what voyages she is to undertake and what cargoes to carry). Time charterers are under the same obligations to nominate safe ports and to load non-dangerous cargo as voyage charterers. The charterer’s right to give orders and directions under...
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April 27, 2022July 25, 2022Law of The carriage of Goods by Sea, Time charter parties
Hire, Remedies for Non-Payment, ‘Off-Hire’ Clauses, Deductions from Hire and Liens on Freight and Sub-Freight
Hire, Remedies For Non-Payment, ‘Off-Hire’ Clauses, Deductions From Hire And Liens On Freight And Sub-Freight 1. Mode And Time Of Payment Hire is invariably made payable in advance: every calendar month (SHELLTIME 4, clause 9) every 30 days (BALTIME 1939 (as revised 2001), Box 20 and clause 6) every 15 days (NYPE 93 and NYPE...
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April 26, 2022July 25, 2022Law of The carriage of Goods by Sea, Time charter parties
Charter Period and Redelivery
Charter Period And Redelivery 1. Charter Periods And Tolerances The most straight forward type of time charter is for a period defined by reference to the calendar (e.g. ‘90 days’, ‘six months’). These are commonly qualified by use of the word ‘about’. See, for example, The Peonia, where it was accepted that this would cover...