Scribd Logo
Upload

Welcome to Scribd!

  • 0 views

    LLM Shipping Seminar 4 - Sh's duties

    Uploaded by

    t.huy27112001
    sssss

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    LLM Shipping Seminar 4 - Sh's duties

    Uploaded by

    t.huy27112001
    0 views4 pages
    sssss

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    sssss

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    0 views4 pages

    LLM Shipping Seminar 4 - Sh's duties

    Uploaded by

    t.huy27112001
    sssss

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    You are on page 1of 4

    Faculty of Business and

    Law

    LLM Shipping Law

    M Jalleh

    LLM SHIPPING

    © UWE Bristol Page 1


    SEMINAR 4 – SHIPPER’S DUTIES UNDER THE CARRIAGE
    CONTRACT.
    A POSSIBLE ALTERNATIVE TYPE OF CARRIAGE CONTRACT
    – A CHARTERPARTY?

    OBJECTIVES

    (1) A look at the 2 main duties of the Shipper under the carriage contract:

    (a) Payment of freight;

    (b) Where there are ‘dangerous’ situations resulting from cargo’.

    (2) Understand how payment of freight works, for eg when is it usually payable,
    what
    happens if it is not payable in advance, the use of pro-rata clauses, when
    ‘back freight’
    arises.

    (3) Understand what is meant by ‘dangerous situations arising from


    cargo’/’dangerous
    goods’.

    What is the duty of the Shipper in relation to such goods?


    Consider the position under the Common Law and under the HVR (Refer to
    HVR Art IV
    r6).

    Distinguish between:
    - ‘obviously dangerous goods’, and
    - ‘goods that are dangerous other than through their physical qualities’.

    (4) A brief look at the concept of ‘general average’ and its significance in sea
    carriage.
    When does it arise and how does it work?

    (5) A brief look at charterparties as an alternative. What are charterparties?


    Why would a
    party use this method to transport their goods? Wat are the common types of
    charterparties? How do they work?

    © UWE Bristol Page 2


    At the end of this session, the student should be able to understand how the 2
    main duties of the Shipper work, ie payment of freight and where there are
    ‘dangerous situations resulting from cargo’.

    The student should also have a basic understanding of the marine insurance
    concept of general average. She should also know when this concept arises and
    how it works. Is it useful as a loss spreading devise?

    Additionally, the student should realise that there are other alternatives in order
    to avoid having the HVR apply to a sea carriage contract, even if a situation
    under HVR Art X is present; an example is by using a charterparty. The student
    should know what a charterparty is. What are the common types of
    charterparties? Consider in particular voyage charterparties and time
    charterparties. She should also understand the basics of how each of these
    charterparties work.

    READING

    GENERAL

    Ewan McKendrick, Goode & McKendrick on Commercial Law (6th edn, Penguin
    2020), Chp 36.
    Carole Murray, David Holloway and Daren Timson-Hunt, Schmitthoff The Law and
    Practice of International Trade (12th edn, Sweet & Maxwell 2012), Chp 15.

    CASES

    Dakin v Oxley (1864) 15 CBNS 646


    Mitchell Cotts & Co v Steel Bros & Co [1916] 2 KB 610

    © UWE Bristol Page 3


    © UWE Bristol Page 4

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy