Carriage of Goods By SeaFifth EditionJohn F Wilson Review of a previous edition "...deserves a place on the shelf of every law teacher in the subject, and at least on the reading list of all its students." - The Cambridge Law Journal The fifth edition of Carriage of Goods by Sea has been brought up to date with the latest judicial decisions, statutory developments and changes in shipping practice. It provides an authoritative, comprehensive and critical survey of the law relating to the carriage of goods by sea. While dealing primarily with charterparties and bills of lading, attention is also given to new forms of documentation and problems involving through and combined transport. A separate chapter is also devoted to dispute settlement. Throughout, legal principles are examined against the background of current documentation and factors involved in the prosecution of a cargo claim, thus lending the legal analysis a useful practical orientation.
New to this edition*important cases on negligence, fundamental breach, title to sue, and bailment on terms*significant decisions, in particular on the interpretation of the provisions of the Hague and Hague/Visby Rules in the areas of limitation liability, time limits, straight bills and the Himalaya Clauses*a comprehensive update of references to shipping documents and related literature*consideration of e-commerce issues, particularly in relation to transport documentation.Carriage of Goods by Sea is one of the leading authorities on this important area of international trade law, and is suitable for recommendation to students on courses on international trade law, carriage of goods by sea and maritime law. It is also a useful reference for newly qualified and trainee professionals working in legal firms, P & I clubs, shipbroking firms, cargo insurance firms and at Lloyd's. John Wilson is an active member of the Institute of Maritime Law at the University of Southampton and is Emeritus Professor of Law at the university. He has lectured widely on maritime law in the UK, the USA, Australia, New Zealand and Singapore.
Part 1: General introduction 1. Introduction: The charterparty; The bill of lading contract; Charterers' bills of lading The demise charterparty 2. Implied obligations in a contract of affreightment: The undertaking as to seaworthiness; Obligation of reasonable dispatch; Obligation not to deviate from the agreed route; The obligation to nominate a safe port; The obligation not to ship dangerous goods; The effect of frustration. Part 2 : Charterparties 3. The voyage charterparty: An overview of the charter; The arrived ship; The preliminary voyage; The loading operation; The carrying voyage; The discharging operation 4. The time charterparty: General legal overview; Description of the vessel; Period of hire; Payment for hire; The off-hire clause; Deductions from hire; Right to withdraw vessel for non-payment of hire; Employment and agency clause; Redelivery of the vessel. Part 3: Bills of lading 5. Bills of Lading and their Functions: Historical introduction; Functions of a bill of lading; Bills of lading and third parties; Presentation of a bill of lading; Problems in presentation; Switch bills 6. Application of the Hague/Visby Rules: Application of the Rules; Legal effect of the Rules; Basic provisions of the Hague/Visby rules 7. Bills of Lading: The Hamburg Rules; Introduction 8. Bills of Lading issued under Charterparties: Where bill of lading issued to charterer; Where bill issued to third party shipper; Where bill indorsed by charterer to a third party; Shipowner's recourse against charterer 9. Problems of Combined Transport: The liability of the carrier; Combined transport and documentary credits; Effect of transhipment Multimodal Convention 1980. Part 4: Common aspects of contracts of affreighment 10. Exceptions: Common law exceptions; Contractual exceptions; The Hague/Visby exceptions; Bars to the exceptions 11. Limitation of liability: Introduction; Merchant Shipping Act 1979 12. Freight: The basic obligation; Advance freight; Specialised types of freight; Payment of freight 13. Shipowners' Liens: Liens at common law; Express contractual liens; The cesser clause. Part 5: Dispute settlement 14. Dispute Settlement: Problems of conflict of laws; Security for claims; Arbitration 15. Breach of Contract: Forms of breach; Effects of breach; The action for damages; Remedies other than damages. Appendices
An authoritative, comprehensive and critical survey of the law relating to the carriage of goods by sea.
Pearson Education Limited
Place of Publication
Country of Publication