[]carriage of goods by sea论文.pptVIP

Specialized English for Maritime Law (spring term) zhuanying07@ *the notes below for reference Section Six Introduction to Contract of Carriage of Goods by Sea - John Wilson. Carriage of Goods by Sea (5 th., edition) Preparation Qs for Part Two and Part Three of carriage chapter: Functions of a b/l, w/b? Distinctions between charterparty law and bill of lading law? Through bill of lading and combined (or multimodal) transport document? Functions of a b/l issued under a voyage / time c/p? the bill of lading (b/l) liner services / shipping / trade Functions: a. a receipt for the cargo shipped b. evidence of contract of carriage c. negotiable documents of title Non-negotiable receipt: waybill (SWB) - two functions only Preparation Qs for the following two cases : 1. facts？ 2. key issues？ 3. holdings / decisions and reasonings？ 4. Wilsons comments on these cases？ The Ardennes* [1951] “… holding that oral evidence was admissible to establish the original terms of the contract” the bill of lading will clearly provide prima facie evidence of the terms of the contract of carriage (between the shipper and carrier) Leduc v. Ward *(1888) “the Court of Appeal held that … the bill provided conclusive evidence of the terms of the contract” once indorsed for value to a bona fide third party, the bill of lading becomes conclusive evidence of the terms of the contract of carriage Wilson “To hold the Ardennes to be wrongly decided, and to restore the full vigour of the parol evidence rule, would clearly not conform to the expectations of the reasonable businessman.” “It might seem preferable to regard the Ardennes principle as still being good law since it conforms with commercial practice and is in line with the attitude adopted towards the receipt function of the bill.” bill of lading law vs. charterparty law the bill of lading law the bill of lading law International conventions: Hague Rules (HR) Hague Visby Rules (HVR: HR + Visby R.) Hamburg Rules (H