99,000 Essays & Term Papers: Where You Buy Essays and Papers Online
Direct Essays, Where You Can Buy Essays and Papers Online

Instant Access to Buy Essays and Papers Online!
Acceptable Use Policy
Customer Service
Site Search


Login to View Essays and Papers Online

Join Now - Instant Access to Essays and Research Papers!

  Essay and Research Paper Topics
Acceptance Essays
Arts Essays
Custom Essays
English Literature Essays
Foreign
History Essays
Miscellaneous Research Papers and Essays
Movie Essays and Papers
Music Term Papers
Novels
People and Biography Research Papers
Politics Research Papers
Religion Research Papers
Science Essay Topics
Sports Research Papers
Technology Research Papers
 
  FAQ
Technical Support
Site Map
Direct Essays
 

 



Welcome to Direct Essays

This is a short summary of this paper!

Already a member? Go here to log in and view the entire paper!


Join Now!
by: Credit Card
Join Now!
by: Online Check
Join Now!
by: Phone 1-900
Special! View this paper for FREE!
  

International Business Law, Goods by Sea

Transportation is a key element in todays business world. Along with the sale of goods one must ship them some how to the customer. In cases of international shipment there are many different rules and regulations that the shipper must follow in order to legally transport their goods. When a company ships their goods they generally ship by common carriers, in other words a carrier that transports more than parties goods. If however a party contracts to employ an entire vessel, then that is know as charterparty. The following paper focuses on the Common Carriage and aspects such as bill of lading, the carriers duties under a bill of lading, the carriers immunities, liability limit, time limitations, and third-party rights.

A general ship or a common carrier is a vessel that the owner or operator willing carries goods for more than one person. There are three different types of common carriers. First is a conference line which is an association of seagoing carriers who have joined together to offer common freight rates. Those that chose to ship all or a large share of their cargo through this process receives a discounted rate. Second is an independent line, which is when the vessel has their


Croft & Scully Co. v. M/V Skulptor Vuchetich et al.

Finally the last section of the carriage of good by sea are the third party rights. The Hague and Hague-visby Rules apply only to the carrier and the party or parties shipping goods under a bill of lading. To ectend the liability limits of the conventions to their employees, agents, and even independent contractors, carriers have added a clause to their billof lading, known as a Himalaya Clause. The Himalaya Clause is a term in a bill of lading which purports to extend to third parties the carrier's liability limits established by the Hague and Hague-Visby Rules.

The sellers contracted to sell to the buyers between 12,000 and 13,200 tons of sugar. The payment was to be make upon a clean on board bill of lading, meaning that the freight had been paid. Then a fire broke out on the ship and 200 tons of sugar were lost. The parties are disputing that the question is who is to stand to lose in respect of the 200 tons of sugar which was destroyed by or as a consequence of the fire. The board of appeals held that the loss must fall on the sellers. Under the terms of the contract the sellers are entitled to be paid the price on tender of clean on board bills of lading evidencing freight having been paid. Counsel for the buyers challenged these submissions root and branch. They argue that the bill of lading was not clean, and the bill of lading was rightly rejected as being unmerchantable. The judge concluded that it was a clean bill of lading and that the buyers should have accepted it and paid the price. The judge disagreed with the decision of the board of appeal and on the grounds that the decision seemed to have been based solely on considerations of law.

The next topic is the bill of lading, which is an instrument issued by an ocean carrier to a shipper that serves as a receipt of the contract of carriage, and as a document of title for the goods. The treaty that governs the bill of lading is the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading. It is also known as the 1921 Hague Rules and the Brussels convention of 1924. The Hague Rules were extensively revised in 1968 by a Brussels Protocol. The amended version is known as the Hague-Visby Rules. Most countries are a party to the 1921 Hague Rules, and a few have adopted that Hague-Visby amendments such as France and the United Kingdom. A bill of lading serves three purposes, First it is a carrier's receipt for goods. Second it is evidence of a contract of carriage, and finally it is a document of title. This means that the person rightfully in possession fo the bill is entitled to possess, use, and dispose of the goods that the bill represents.

Barclays Bank, Ltd. v. Commissioners of Customs and Excise



Some common words found in the essay are:
United Kingdom, Co Ltd, Common Carriage, Co Inc, Steam Navigation, Skulptor Vuchetich, Sea Transportation, Croft Scully, Himalaya Clause, bill lading, Hague-visby Rules, bills lading, croft scully, hague rules, clean bill lading, carriage sea, tons sugar, himalaya clause, clean bill, liability limits, hague-visby rules, bill lading carriers, 200 tons sugar, 1921 hague rules, receipt bill lading,
Approximate Word count = 1917
Approximate Pages = 8 (250 words per page double spaced)


  

More Essays on International Business Law, Goods by Sea

Piracy2071 words
A breif history of Pracy2312 words
GermanyThe People, the Culture,the Business, the Life4494 words
The New Age After the 1500s2384 words
The New Age After the 1500s2192 words

Look at even more essays on International Business Law, Goods by Sea
More History Essays

Professional Papers:
INTRODUCTION TO INTERNATIONAL LAW3399 words
BILLS OF LADING IN EXPORT TRADE This research p2263 words
International Air Cargo Business3858 words
International Law and International Organizations3770 words
INTERNATIONAL COMMERCIAL ARBITRATION6505 words
Wages in the Maritime Industry1633 words
Special! View this paper for FREE!
Click here to JoinNow!
by: Credit Card
Click here to Join Now!
by: Online Check
Click here to Join Now!
by: Phone 1-900

 

All papers and essays are for research and reference purposes only!
Copyright 2002-2009 Direct Essays , LLC. All Rights Reserved. DMCA
Webmasters make $$$$
Saved Papers