Cases & Materials on the Carriage of Goods By Sea 3 e - download pdf or read online

By Martin Dockray

ISBN-10: 1859417965

ISBN-13: 9781859417966

Instances  fabrics at the Carriage of products by means of Sea features a number of legislative fabric, average shape contracts and up to date insurance of English case legislation. It covers the foremost parts of chartering and accounts of lading, in addition to concerns corresponding to exclusion and quandary of legal responsibility. This version has been comprehensively up to date and provides the most recent circumstances to its powerful assurance of vintage gurus. amazing additions within the chapters facing accounts of lading contain The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. at the Carriage of products by way of Sea Act 1992, the real judgements of The Berge Sisar and East West Corp are integrated, whereas key fresh judgements on chartering, akin to The Hill concord, The satisfied Day and The Stolt Spur are absolutely taken care of. This booklet presents an updated selection of fabrics on the subject of the carriage of products by way of sea so as to be of price to either scholars of legislation and felony practitioners.

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Example text

It means that much of the law in this area consists of settled interpretations of common clauses and decisions about the terms which can be implied into contracts of carriage in the absence of express agreement. One consequence of the addiction to the use of standard forms is that judicial decisions on the interpretation of standard terms are of wide interest in the shipping industry, which pays marked attention to the law reports. But the wide use of certain forms also means that a judicial decision which disturbs an accepted construction of a document may retrospectively affect many transactions entered into on the basis of that previously accepted meaning.

A second obvious feature of the shipping industry is that contracts for the carriage of goods by sea fall to be performed in special and often hazardous conditions in which it is practically impossible for one party to supervise the work of the other from day to day. This factor was clearly instrumental in the development of the sea carrier’s general duties, including the duty to provide a seaworthy ship (Chapter 4) and the duty not to deviate from route (Chapter 5), as well as in relation to general average (Chapter 17).

It is true that the subject does include some special rules which have no direct counterpart in other areas of domestic law. Nevertheless, for the most part, English law relating to the carriage of goods by sea consists only of the application of general common law ideas, together with a small number of important statutes. The basis of the subject is the law of contract. It also draws on the laws of tort, bailment, agency, property and equity. But if only familiar principles of general law are involved, how can the law of carriage be said to be distinct?

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Cases & Materials on the Carriage of Goods By Sea 3 e by Martin Dockray

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