The purpose of this module on the law of Carriage of Goods by Sea is: to cover the law on charterparties and bills of lading, with special emphasis on the areas which most frequently result to shipowner-trade disputes at the same time giving students a thorough knowledge of the principles and law of Carriage of Goods by Sea; to closely analyse the most important cases (from the reported litigation); to obtain the knowledge and skills required to use the relevant law in practice.
The areas to be covered are: The markets and the contracts formed; Charterparties fixing; Law governing charterparties; Vessel seaworthiness; Delivery and re-delivery of a chartered vessel; The voyage of a vessel; Loading and unloading (delay, laytime, demurrage, clauses in voyage charterparties); Time-charters (hire payment, withdrawal and deduction of hire); Bill of lading, charterparty and the contract of carriage; Hague-Visby Rules application; Carrier's duties (related to goods, vessel/voyage, documents) under the Hague-Visby Rules; Goods delivery; Entitlement to sue in contract; Hague-Visby Rules liabilities, limits and exceptions; UNCITRAL Rotterdam on the Instrument on Carriage of Goods by Sea.
Learning Outcomes
By the end of the module students should be able to:
Show understanding of the main principles governing contractual obligations arising under charterparties and upon their termination (seaworthiness/deviation/duty to nominate safe port/frustration/express cancellation/legitimate last voyage/remedies for late payment under the charterparty/freight and allocation of risk for delays during loading and discharge under voyage charterparties etc)
Show understanding of the main principles governing contractual obligations arising under bills of lading (issues of a bill of lading and its statement/incorporation of charterparty terms/the parties to the contract/title to sue/applications of inter. carriage conventions/liability regime - Hague, Hague-Visby, Hamburg)
Use research skills to identify and assess appropriate legal sources
Analyse relevant legal materials (conventions, statutes, case law, standard form maritime contracts)
Apply relevant law principles and authorities to solve complex practical problems
Draft legal advice in the area of carriage of goods
Appraise and criticise existing UK and international debates in the relevant area of law
Assessment
32559-01 : Essay : Coursework (70%)
32559-02 : Online MCT : Class Test (30%)
