The Carrier S Liability For Deck Cargo
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The Carrier S Liability For Deck Cargo
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Author : Lina Wiedenbach
language : en
Publisher: Springer
Release Date : 2015-05-29
The Carrier S Liability For Deck Cargo written by Lina Wiedenbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-29 with Law categories.
This book deals with the carrier’s liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever. The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today’s shipping realities. The comparative analysis leading up to the author’s conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier’s liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.
The Carrier S Liability Under International Maritime Conventions
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Author : Hakan Karan
language : en
Publisher: Edwin Mellen Press
Release Date : 2004
The Carrier S Liability Under International Maritime Conventions written by Hakan Karan and has been published by Edwin Mellen Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Carriers who assume an obligation to carry cargo from one place to another by sea are the only ones in a position to prevent loss or damage to the cargo, and so by rights assume a degree of liability for its safety. Such liability is defined in the three maritime transport regimes, adopted respectively in 1924, 1968, and 1992. A practicing attorney and consultant to the Turkish Ministry of Foreign Affairs, Karan (law, Ankara U.) explores the liability principles that should be uniformly accepted or rejected for legal reasons, limiting his discussion to legal aspects of the international carriage of goods by sea as covered by the relevant sections of the three conventions. The text is double spaced. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).
The Obligations Of The Carrier Regarding The Cargo
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Author : Ilian Djadjev
language : en
Publisher: Springer
Release Date : 2017-08-22
The Obligations Of The Carrier Regarding The Cargo written by Ilian Djadjev and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-22 with Law categories.
This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers).
Carrier S Liability Under The Hague Hague Visby And Hamburg Rules
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Author : Sze Ping-fat
language : en
Publisher: BRILL
Release Date : 2021-10-05
Carrier S Liability Under The Hague Hague Visby And Hamburg Rules written by Sze Ping-fat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-05 with Law categories.
This volume provides a critical analysis of the carrier's liability under both the Hague/Hague-Visby and Hamburg Rules. It also considers the question of whether or not the Hamburg Rules introduce a different liability regime and materially increase the carrier's liability vis-à-vis the Hague/Hague-Visby Rules. Focusing on Australian and English jurisprudence, the work demonstrates that, quite contrary to prevailing opinions, the Hamburg Rules do not significantly change the carrier's existing liability. Indeed, in a number of areas, the legal position of the carrier is ameliorated. On the basis that both international conventions do not differ materially in terms of practical legitimacy, concludes the author, it makes no fundamental difference whatsoever, within the general context of carrier liability, whether one convention or the other is adopted. This scholarly publication will be of particular interest to practising lawyers, law professors and students as well as professionals engaged in maritime transport.
A Comparative Study On Maritime Cargo Carrier S Liability In Anglo American And French Laws
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Author : Sang Hyun Song
language : en
Publisher:
Release Date : 1973
A Comparative Study On Maritime Cargo Carrier S Liability In Anglo American And French Laws written by Sang Hyun Song and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Liability for marine accidents categories.
Liability Of Ocean Carriers For Cargo Damage Or Loss
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Author : Archibald John Wolfe
language : en
Publisher:
Release Date : 1924
Liability Of Ocean Carriers For Cargo Damage Or Loss written by Archibald John Wolfe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1924 with Maritime law categories.
Manager S Guide To Freight Loss And Damage Claims
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Author : Colin Barrett
language : en
Publisher: Loft Press, Inc.
Release Date : 2003
Manager S Guide To Freight Loss And Damage Claims written by Colin Barrett and has been published by Loft Press, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
Cargo Liability And The Carriage Of Goods By Sea Act Cogsa
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Author :
language : en
Publisher:
Release Date : 1992
Cargo Liability And The Carriage Of Goods By Sea Act Cogsa written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with categories.
The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims
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Author : Joseph Tshilomb JK, LLM;MSc
language : en
Publisher: AuthorHouse
Release Date : 2016-03-04
The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims written by Joseph Tshilomb JK, LLM;MSc and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-04 with Technology & Engineering categories.
In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: 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. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.
Marine Cargo Delays
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Author : Max Ganado
language : en
Publisher: London : Lloyd's of London
Release Date : 1990
Marine Cargo Delays written by Max Ganado and has been published by London : Lloyd's of London this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Bills of lading categories.