Sunday, August 25, 2019

CARRIAGES OF GOODS BY SEA. (LAW DEGREE) Essay Example | Topics and Well Written Essays - 2500 words

CARRIAGES OF GOODS BY SEA. (LAW DEGREE) - Essay Example ered to and received by the ship, and therefore excellent evidence of those terms, but it is not a contract.†1 Rather the contract of carriage will be determined by the written agreement of the parties, the booking note the payment of foreign tariffs and normal practices of the carrier of the goods. Therefore, O’s contract with Cherie is the actual contract of carriage between the parties, spelling out the terms and nature of the delivery which is to take place. Since this includes a specific provision that O is not to deviate in any form whatever from the terms of the contract, it is likely that this provision will carry some weight. However, a contract for transportation of goods by sea will be primarily determined by the terms on the bill of lading. The Hague Visby rules provide a uniform standard that applies to most of the world’s shipping nations and has been in force since June 2, 1931. As per Article 1(b) of the Hague Visby rules, the term contract of carriage will only be applicable to those contracts dealing with the transportation of goods by sea, which are covered by a bill of lading which regulates the relations between a carrier and a party holding the bill of lading.2 In this context, it is therefore important to note that in Cherie’s case, the bill of lading, which is the best evidence of the contract and also the instrument that will be actionable in the Courts, does not contain the specific provision that O is not to deviate from the contractual terms. As a result, it is likely that when the dispute comes to the Courts, the focus of the Court will be in determining the causation li nk, and finding out whether any damages are due and which party is the primary causal factor for those damages. Every contract of carriage will be governed by the Hague Visby rules, even if it is not specifically stipulated in the contract between the parties, as per the principle spelt out in the case of Shackman v Cunard White Star Ltd.3 In the case of Vita

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