cases and materials on the carriage of goods by sea

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Cases And Materials On The Carriage Of Goods By Sea

Author : Anthony Rogers
ISBN : 9781317610090
Genre : Law
File Size : 54. 79 MB
Format : PDF
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Cases and Materials on the Carriage of Goods by Sea, fourth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties Discussion of some of the most important decisions by the senior courts Pedagogical features such as end of chapter further reading Emphasis on how shipping law operates and is applied in the real world A clear, student-friendly text design with a strong emphasis on research and problem solving This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.

Carriage Of Goods By Sea

Author : Stephen Girvin
ISBN : 0198764588
Genre : Business & Economics
File Size : 87. 87 MB
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Carriage of Goods by Sea contains contains a lucid analysis of the law on the subject written primarily from the perspective of English law but with reference to cases in other major commonwealth countries. Introductory chapters cover topics such as the business of carriage as well as the underlying principles (contract, agency, tort, and bailment) and of frustration. This book includes an analysis of the bill of lading and other documents of carriage (including sea waybills and delivery orders). Thebook focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The author includes shippers' obligations, the obligations of the carrier, and the rights and immunities of the carrier and there is fullcoverage of the main issues in charterparties: voyage (including problems of laytime and demurrage); time; and demise. Uniquely the book also covers an analysis of cargo claims. This book will fill an important gap in the existing literature on the subject. It will be one of a small number of one volume texts covering the subject in its entirety, with the added benefit of being fully up-to-date and appealing both to a practitioner and a student audience. Coverage includesall the traditional topics, such as bills of lading and charterparties (voyage, time, and demise), and focuses also on each of the international conventions regulating the subject. Additionally, the content of the book extends to such issues as limitation, admiralty claims (in the cargo context),and a brief discussion of maritime arbitration. Although written from the perspective of English law, a particular feature is the extensive cross-referencing to (and analysis of) the law in other major common law jurisdictions (especially Australasia, Malaysia and Singapore, Hong Kong, and SouthAfrica).Aimed at practitioners, law students and professionals in the industry, the author provides a full and detailed coverage of the main principles in a user-friendly and accessible format.

Principles Of The Carriage Of Goods By Sea

Author : Paul Todd
ISBN : 9781317801702
Genre : Law
File Size : 73. 66 MB
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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. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context

The Carrier S Liability Under International Maritime Conventions

Author : Hakan Karan
ISBN : 0773461744
Genre : Law
File Size : 65. 80 MB
Format : PDF
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This book centres on the sea carrier's liability for loss of or damage to goods under convention based regimes. The Hague, Hauge-Visby and Hamburg Rules have become the main reason for lack of uniformity in the field of the carriage of goods by sea today with their different texts and legislative styles. Preface; The book deals with the carrier's liability for breach of contract of sea carriage of goods under the convention-based regimes: the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. Dr. Karan has undertaken an ambitious and brave task in joining an ongoing debate on whether the maritime transport industry needs all the 3 conventions on the same subject: the legal regime relating to carriage of goods. The book is divided into four broad Parts and a Conclusion. Part I deals with the preliminaries by setting out the basis for the carriers' liability under Roman Law, Common Law, Civil Law and Convention regimes. Part II is devoted to conditions applicable to the contract of carriage under the same regimes following the pattern set out Part I. Part III deals with exclusions and exemptions of the carriers' liability. carrier. The book concludes with exhaustive concluding remarks. The book starts on the premises that the unification, clarification and simplification of domestic legislation regulating carriage of goods by sea have always been the aim of shippers who wish to ascertain and minimize their contractual liability and insurance risks in such contracts. The book argues that it is for those reasons that the three international conventions (Hague Rules, Hague-Visby and the Hamburg Rules) were enacted. However, with differing textual approaches and legislative styles these conventions have themselves become the main obstacle to uniformity in international sea carriage today, with different countries applying different regimes. The book then examines and explains the necessity for, and the needed, amendments to the Conventions in comparison with the other carriage conventions (by Air, Road, Rail and Multi-modal Transport). subject is not only unique but also puts the Rules in perspective and makes it easy for, especially practitioners, to better appreciate. Furthermore it also leaves it easier for undergraduates, post-graduates, and advanced researchers and scholars who might wish to pursue further research to do so. Secondly, the book identifies, evaluates, and compares the carrier's liabilities under the three conventions and determines the conditions of such liabilities and exemptions. In particular the author does not shy away from asking and answering questions as to whether the conventions lead to certainty in the international sea carriage regime and, if so, whether they have kept up to date with economic, political and technological developments in the field. The main arguments that the book highlights is the Anglo-American or Common Law approach versus the Continental or Civil law approach which has dodged this area of the law and made difficult attempts to unify the Conventions. This argument has been made in the past but not as strongly as in this instance. between the Hague and Hamburg liability regimes except for what the book refers to as the archaic nautical fault and fire exemptions, and that the latter, which contain all the Visiby amendments and the SDR Protocols, were more clearly drafted with the needs of modern trade in mind and have brought the regime into line with other modern transport Conventions. Having examined all the strengths and weaknesses of the three conventions, the author comes down on the side of the Hamburg Rules, as the preferred and more international and forward-looking convention on carriage by sea. In committing himself to one side, the author has not avoided the central debate on the subject, if anything he has aided it. Having so nailed its flag to the mast, the book also cautions that the Hamburg Rules themselves, to a certain extent, need some clarification and amendments to be more acceptable and accommodating. require the carrier to prove that the exempted occurrence causing the loss and to the exercise of care expected from a prudent carrier to avoid the occurrence and its consequences, which amend the burden of proving the fault of the carrier, his servants or agents in favor of the cargo interest, and change the limitation measures and unit of accounts. Other strengths of the book are the wide search and literature coverage: apart from the traditional inclusion of Annexes of the three Conventions including the latest ratification status; application of the rules or domestic statutes, and monetary limits to the carriers' liability in various countries; there is extensive provision of abbreviations used and extensive citing of authoritative sources; and wide provisions of exhaustive bibliography of conventions, reports, statutes, authors and cases. Another bonus is the inclusion of materials on the author's native country: Turkish maritime law. on a modified Germanic and Civil Law Codes; there is also mention of current reforms in that country in a bid to join the European Community. Other strengths of the book are the comparative approach to Continental Civil (Belgium, France, Germany and Greece) and Common Law (UK, Australia), including the Anglo-American (US and Canada) tradition as well as the Scandinavian and Far Eastern (e.g. China) jurisdictions. In producing this book the author has made efficient use of his: legal and academic training; association with the International Chamber of Commerce; experiences with the International Maritime Organisation; and skills as one of the advisors of his government's Ministry of Foreign Affairs, on maritime and aviation matters. The author is to be congratulated on the admirable grasp he displays of the wealth of materials at his disposal. Although not necessarily original, the concept is intriguing, the approach is balanced and persuasive, and the study as a whole provides valuable contribution to an understanding of the problems facing the truncated maritime law convention regime at the present day. makes a forceful and persuasive case which gains additional strength when advanced during a period of widespread concerns. The book will be a valuable addition to knowledge and scholarship in maritime law generally and the convention-based regimes of sea carriage in particular. It will no doubt benefit practitioners, lawyers, shippers, policy makers, lawmakers, as well as law and business studies' students and the more advanced scholars and researchers.

Text Cases And Materials On Contract Law

Author : Richard Stone
ISBN : 9780415594158
Genre : Law
File Size : 82. 68 MB
Format : PDF
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'Comprehensive and serious, it covers everything that students will need to know.' – Ioannis Glinavos, Kingston Law School, UK 'A lucid and pragmatic guide to contract law for the undergraduate, an exquisitely crafted analytical authority for the postgraduate and a dependable and concise counsel for the practitioner; this is the case-book that will set the standard in the subject.' - Mel Kenny, Reader in Commercial law, Leicester Law School, UK This clear and highly accessible volume, presented in a coherent structure, provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary. Written by leading authors in the field, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law. A meticulous and insightful commentary is provided throughout, illuminating complex areas of law and promoting more detailed analysis of important issues. Composed of approximately one-quarter authors' commentaries and three-quarters cases and materials, including academics' articles and extracts from books and Law Commission papers, this book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Clearly signposted chapter introductions highlight the salient features under discussion and additional reading collected at the end of each chapter guides further study and independent research. The range of material covered and the straightforward style makes Text, Cases and Materials on Contract Law an invaluable resource for all undergraduate students of contract law.

Transnational Commercial Law

Author : Roy Goode
ISBN : STANFORD:36105064199800
Genre : Law
File Size : 36. 51 MB
Format : PDF, ePub, Mobi
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Text, Cases and Materials on Transnational Commercial Law brings together all the necessary materials on this topic in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.

Cases And Materials On Marine Insurance Law

Author : Susan Hodges
ISBN : 9781135346935
Genre : Law
File Size : 43. 49 MB
Format : PDF, ePub
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This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

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