Assessment 3
Buyer: The Theatre of Wine, in Greenwich, London, United Kingdom
Shipowners/Shippers: Carry Carefully, South Africa
The copy of B/L is attached.
A.
1. for the carriage of a consignment of wine from South Africa (which has incorporated the Hague-Visby Rules, under its own Carriage of Goods by Sea Act 1986) to London (the UK).
2. The wine was shipped and the master issued a clean straight bill for the goods, which contained a "no liability for loss or damage caused by negligent preparation of the vessel" clause.
3. The straight bill had to be presented for collection of the goods.
4. When the wine was discharged, The Theatre of Wine discovered that it had become contaminated by the ingress of rain and
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Marine insurance covers, among other things, the transportation of cargo on land, sea or air. Claims for loss and damage to cargo under a marine insurance policy, when paid, give rise to subrogation, by which the insurer gets an opportunity to try to collect back from the party(ies) responsible for the loss or damage. Through subrogation, the insurer gets to "stand in the shoes" of the insured, who is most often the owner of the cargo.
When the cargo owner (usually the insured) entrusts the goods to someone for storage or transportation, a bailment is created. If the goods move from or to the United States, internationally by ocean, that bailment relationship is controlled by the Carriage of Goods by Sea Act (COGSA), a statute of the United States. International shipments, not touching a U.S. port, may be controlled by other treaties, such as Hague-Visby or Hamburg Rules.
"BILL OF LADING": This is a key document for cargo claims. A bill of lading generally serves three purposes:
(1) document of title;
(2) a contract of carriage and
(3) a receipt for goods.
Ocean bills can be negotiable instruments and control possession of the goods.
According to South Africa shipping & maritime legislation there is no marine insurance act . Where appropriate the British Marine Insurance Act is used as a "persuasive" reference. However the Institute Cargo Clauses issued under the auspices of the Institute of London Underwriters
In Rebecca & ‘Zorba’s’ Restaurant case, the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL, 2005, p70) In addition, another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four issues.
1.To respond to emergencies i.e. fire (in port) or on board a ship at the anchorage, accidents , Accidents, Man over board, grounding of vessels, May- day calls, oil pollution to minimize the damage & causalities.
(2) A broad scope of conference activities to enable carriers to discuss and fix prices and conditions of service, pool earnings and traffic, allot ports, regulate sailings, limit the volume and character of cargo carried, engage in exclusive working arrangements, enter into agreements to regulate and prevent competition among themselves, and bring intermodal cargo transportation under the ambit of permissible conference agreements.
* Terms relating to the amount of damages that the parties might receive if things go wrong.
The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
Article 105 of 1982 Convention on the Law of the Sea provides that law enforcement agencies and the courts of the seizing state have responsibility for dealing with
a. in CIF, the goods are delivered past the ship’s rail, but S does not possess them until the port of destination. This is distinct from the FOB where delivery and possession occur at same time.
“The Jones Act, in general, requires that maritime transport of cargo between points in the U.S be carried by vessels that are owned by U.S. citizens and registered under the U.S flag with a coastwise endorsement, which in turn requires that such vessels be built in the United States. ”
Some of the key provisions of the act include: organization obligation regarding the coordination of spill cleanup endeavors; the Coast Sentinel oversees orchestrating seaward cleanup, while the Environmental Auspice Agency oversees on-shore endeavors. Second, better readiness for spill counteractive action and control by better arranging. Third, the proprietor will be in jeopardy for all the orderly up expenses. An outsider, if demonstrated capable, will be obligated for every one of the expenses of shipshape up exercises. Additionally, up to $350 million in obligation might be charged to the dependable party. The administration can balance this farthest point. The dis allowance of any vessel that has engendered a spill of more than 1 million gallons in any marine range from working in Prince William Sound. Determinately, the restricting of single structure tankers of more than 5000 ton limits.
In the case of JOSEPH CONSTANTINE STEAMSHIP LINE LIMITED v IMPERIAL SMELTING CORPORATION9, a ship was chartered to load a cargo, but on the day before she should have preceded to her berth an explosion occurred in the auxiliary boiler, which made it impossible for her to undertake the voyage. The cause of the explosion could not be definitely ascertained, and, of three possible explanations, only one would have imported negligence on the part of the ship-owners. The charterers claimed damages from the ship-owners for failure to load a cargo. At the time of the accident, the ship was not an “arrived” ship, and, therefore,
Export Cargo Containers shows how containers bound for export are transported from domestic companies, manufacturers or produce growers to the Port.
It is an order from a governmental commerce agency to ban or restrict trade and merchant ships from or to its ports and is usually imposed as a result of political or economic conflict between states with a purpose of hindering and creating circumstances for a certain country's governing body. [1]
Moment restrictions on certain artifact and services and you impoverishment to ensure that any proposed exports are permitted under the laws of the local region. Mistakes can ending in penalty or conclusion of artefact, fines and restrictions on the exporter.
2. Sunil was injured when he slipped on the wet floor of the Xerox Supermarket. It had been a rainy day and persons entering the store had made the floor wet? Explain the possible liability of Xerox Supermarket.
1.1 ABOUT SUBJECT: Admiralty Law or Maritime Law is a distinct body of domestic laws that supervene upon the maritime activities (like marine commerce, sailors’ related aspects, marine navigation, marine shipping, marine salvaging and transportation of passengers and goods by sea). It has also been governing questions and offenses related to maritime activities and other sub-heads. Broadly, it is a more of a private international law related subject that governs the relationship between private entities that operate vessels on the oceans.