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)
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