ISBN: 9780198764588
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Hardback
AU$325.95
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Carriage of Goods by Sea
- Description
- Features
- Contents
- Authors
- Reviews
- Lecturer Resources
- Teacher Resources
- Student Resources
- Sample Pages
- ebook
Carriage of Goods by Sea contains contains a lucid analysis of the law on the subject written primarily from the perspective of English law but with reference to cases in other major commonwealth countries.
Introductory chapters cover topics such as the business of carriage as well as the underlying principles (contract, agency, tort, and bailment) and of frustration. This book includes an analysis of the bill of lading and other documents of carriage (including sea waybills and delivery orders). The book focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The author includes shippers' obligations, the obligations of the carrier, and the rights and immunities of the carrier and there is full coverage of the main issues in charterparties: voyage (including problems of laytime and demurrage); time; and demise. Uniquely the book also covers an analysis of cargo claims.
This book will fill an important gap in the existing literature on the subject. It will be one of a small number of one volume texts covering the subject in its entirety, with the added benefit of being fully up-to-date and appealing both to a practitioner and a student audience. Coverage includes all the traditional topics, such as bills of lading and charterparties (voyage, time, and demise), and focuses also on each of the international conventions regulating the subject. Additionally, the content of the book extends to such issues as limitation, admiralty claims (in the cargo context), and a brief discussion of maritime arbitration. Although written from the perspective of English law, a particular feature is the extensive cross-referencing to (and analysis of) the law in other major common law jurisdictions (especially Australasia, Malaysia and Singapore, Hong Kong, and South Africa).
Aimed at practitioners, law students and professionals in the industry, the author provides a full and detailed coverage of the main principles in a user-friendly and accessible format.
PART I: INTRODUCTION
1. The Business of Carriage of Goods
PART II: BILLS OF LADING AND OTHER DOCUMENTS OF CARRIAGE
2. Shipping documents issued before shipment
3. Types of bills of lading
4. Other documents of Carriage
5. Issue and Transfer of Bills of Lading
6. The Bill of Lading as a Receipt for the Goods Shipped
7. The Bill of Lading as Evidence of the Contract of Carriage
8. The Bill of Lading as a Document of Title
9. Third Parties and Bill of Lading Terms
10. The Carriers' Delivery Obligation
11. Alterations of Delivery Obligations and Other Problems
12. Charterparties and Their Relationship with Bills of Lading
13. Paperless Trading
PART III: INTERNATIONAL AND DOMESTIC REGULATION
14. Domestic Legislation on Cargo Liability
15. The Rise of International Regulation
16. The Movement to the Hamburg Rules
17. Hybrid Carriage Regimes and International Uniformity
18. The Legal Effect and Interpretation of the Hague and Hague-Visby Rules
19. The Scope and Application of the Hague and Hague-Visby Rules
PART IV: THE RESPONSIBILITIES OF THE SHIPPER
20. Shipper's Common Law Obligations
21. Freight
22. Shipper's Obligations and Immunities under the Hague and Hague-Visby Rules
PART V: THE OBLIGATIONS OF THE CARRIER
23. Seaworthiness
24. Deviation
25. Reasonable Despatch
26. The Carrier's Obligations under the Hague and Hague-Visby Rules
PART VI: THE RIGHTS AND IMMUNITIES OF THE CARRIER
27. Liens
28. Exclusion of Liability under the Hague and Hague-Visby Rules
29. Limitation of Liability
PART VII: CHARTERPARTIES
30. Voyage Charterparties
31. Laytime and Demurrage
32. Time Charterparties
PART VIII: CARGO CLAIMS
33. Frustration
34. Limitation periods
35. Admiralty claims
Stephen GirvinProfessor of Maritime Law, University of Birmingham