The most important article of the Carriage of Goods Act is read as follows: "Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried." Though this is considered very important, this passage is in fact the least considered article. This statement tackles about obligation of a carrier, not just to deliver the cargo successfully, but also to “carry the load with care.” The Act provides that every “bill of lading” shall effect subject to the Act’s provisions given that there is an evidence of a contract of carriage of goods by the sea from the US to other places in foreign trade. Under the Act, the carrier must ensure the proper and careful loading, handling, stowing, carrying, keeping, caring, and the discharge of the goods carried. Every personnel related to the delivery, from the carrier’s master, crew, stevedores, and agents are all liable for the negligent acts. However, the Act is not applicable to charter party contracts. In case of parties entering a charter party for private carriage of goods by sea, they are free to allocate risks contractually given that the responsibility of the loss of cargo falls on the party who perform the delivery of the cargo. In the case of private carriage, charter parties are fixed on a Free In-Out Stowed basis which means, cargo shall be loaded and be discharged by its charterer without any risk and in the expense of the shipowner. However, the bills of lading issued by a ship under charter must comply with the terms of the Carriage of Goods Act (Clark, 1992). Below lists the some obligations of the carrier in handling cargo before and after shipment: 1. Carriers have the obligation to study... ... middle of paper ... ...ods from possible dangers such as heat, freezing, moisture, rust, thawing, fire and lack of ventilation. The vessel must be thoroughly checked and assessed to ensure that it is seaworthy. Carriers must also ask for special instructions for special cargoes that needs utmost care, however, if in case that these conditions were not met, the carrier has the right to refuse the cargo. These are the conditions and concerns of the carrier that needs to be considered (Tetley, 2001). Works Cited Clark, P. D. (1992). Duty to Load, Stow Cargo Rests Firmly with Carrier.” Sea Law Volume 2. Retrieved November 9, 2013 from http://www.navlaw.com/articles/v2/duty-to-load-stow-cargo-rests-firmly-with-carrier.htm Tetley, W. (2001). Properly Carry, Keep and Care for Cargo. Retrieved November 9, 2013 from http://www.mcgill.ca/maritimelaw/maritime-admiralty/art3-2
Dawes Severalty Act (1887). In the past century, with the end of the warfare between the United. States and Indian tribes and nations, the United States of America. continued its efforts to acquire more land for the Indians. About this time the government and the Indian reformers tried to turn Indians.
The 10th law of the code states that “If the purchaser does not bring the merchant and the
and water.” Most transporters find loopholes to this law to ignore it, and it does not apply to any
Along the wooden platform lay hundreds of trunks and bags, piled haphazardly, ready for loading onto a Chicago-bound train. During rough handling in the baggage room, the lid of an ordinary, 2'8" by 18" packing trunk had cracked open, releasing the foul stench. The porter immediately called Robert Vandeward, the baggage-master.
Trade and navigation acts- a series of laws that were setup to protect English shipping and secure money. As a result England became a successful ship building center and there were many new jobs.
Passaro, Vince. "The Things They Carried (Review)." Harper's Magazine. 299.1791 (1999): 80. Expanded Academic ASAP.
“Factory ship from hell. (Shipping Briefs).” African Business Apr. 2002: 34. General OneFile. Web. 6 Nov. 2014.
The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed as legal by definition of the SOF, there must be verification of the following requirements for formation of the contract, which are as follows: (1) There must be least two parties to the contract, (2) There must be a mutual agreement and acceptance on the price to pay for goods and services offered, (3) The subject matter or reason for entering the contract, must be clearly understood by all parties to the contract, (4) and there must be a stipulated time for performance of duties under the contractual obligations (Spagnola, 2008). Lastly, there are five categories of contracts that are covered under the SOF, which are as follows: (1) The transfer of real property interests, (2) Contracts that are not performable within one year, (3) Contracts in consideration of marriage, (4) Surtees and guarantees (answering to the debt of another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008).
LCL is "a quantity of cargo less than that required for the application of a carload rate. A quantity of cargo less than that fills the visible or rated capacity of an inter-modal container”. It can also be defined as "a consignment of cargo which is inefficient to fill a shipping container.
The freight rate is the price of the carrier that pays by the charterer or ship owner. Freight rate is compulsory and it is measures by the value of goods, point of destination and the travel distance due to land, air or ocean. Freight rate also include with the custom clearance process. It is demanded by the fluctuation of supply and demand, the bargaining power of shipper, the competitors with other logistic company and the availability or alternative of transport modes (lorry, train and ship) (The Challenges Facing The Maritime Transport Industry,
The bill of lading under a charterparty is just a certificate of receipt for the charterer, the bill of lading is not to be seen as a contract of carriage of goods by sea due to the relationship between the shipowner and charterer under a charterparty. When the bill of lading issued by the shipowner is transferred to a third party by the charterer, the right-obligation relationship between the shipowner and the bill of lading indorsee will be effected by the international conventions that related to the bill of lading. And that means the terms governing the relationship between the shipowner and a bill of lading indorsee will be different from the terms originally agreed with the charterer, the shipowner will exposed to greater liability than he initially anticipated. Obviously, the shipowner does not want to see that happen. Under this circumstance, the shipowner always wonder that the terms of the charterparty can be carried through into the terms of bill of lading contracts. So whether it is a charterparty or a bill of lading, the liability of the shipowner would always be the same, and that led to the development of incorporation clause.
While the voyage element is more apparent, the charterer has the discretion and disposal of the vessel for that period of time and specific similar to a time charter.
where goods are thrown overboard in a storm for the purposes of saving a ship,
Department of Homeland Security, “ Implementation of National Maritime Security Initiatives”, Federal Register, Rules and Regulations, Vol. 68, No. 204, October 22, 2003 ,p.,60448 cited in Sean D. Murphy P, United States Practice in International Law, Volume 2; Volumes 2002-2004 Cambridge university press, new York, 2005,p .130