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Is the bill of lading a contract of carriage?
The common law of the United Kingdom has recognised over a great period of time that the bill of lading does not necessarily constitute the contract of carriage itself, but rather merely provides evidence that such a contract exists. [1]
How is the carriage of goods by sea act similar to Cherie and O?
Therefore, as a result, it can only be concluded that Tony has the right to rely upon the original contract of carriage between Cherie and O, thus is able to exercise the ‘not to deviate’ clause at law. In summary, the substantive issues of Tony’s claim are essentially similar to that of Cherie.
Who is liable under the carriage of goods by Sea Act?
Under the Hague-Visby Rules (whether or not the ‘not to deviate’ clause was enforceable’), the carrier has an obligation to carefully “load, handle, stow, keep, care for and discharge the goods delivered”. [11] Thus, it is clear that O is liable for the stolen crates, and must pay damages accordingly.
Is the carriage of goods by sea difficult to master?
Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract.
Last Update: Oct 2021
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28.10.2021 03:51
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