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This book is now Out of Print.
A new edition was published, see:
Carriage of Goods by Sea 2nd ed isbn 9780199589913

Carriage of Goods by Sea


ISBN13: 9780198764588
New Edition ISBN: 9780199589913
Published: January 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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.

  • Comprehensive scope including underlying principles to documents of carriage, international regulation and the responsibilities and obligations of the skipper and carrier
  • Contains a unique coverage of cargo claims including limitation periods, damages and arbitration
  • Draws together principles from key UK and Commonwealth cases in one volume
  • Accessible, logically laid out text with clear paragraphs and frequent headings, to assist in ease of locating and understanding the material

Subjects:
Shipping, Transport and Maritime Law
Contents:
PART I: INTRODUCTION
1. The Business of Carriage of Goods
2. Underlying principles
3. Frustration
PART II: BILLS OF LADING AND OTHER DOCUMENTS OF CARRIAGE
4. Shipping documents issued before shipment
5. Types of bills of lading
6. Issue and transfer of bills of lading
7. The bill of lading as a receipt for the goods shipped
8. The bill of lading as evidence of the contract of carriage
9. The bill of lading as a document of title
10. Third parties and bill of lading terms
11. The carriers' delivery obligation
12. Alteration of delivery obligations
13. Charterparties and their relationship with bills of lading
14. Electronic Data Interchange (EDI)
PART III: INTERNATIONAL AND DOMESTIC REGULATION
15. Domestic legislation on cargo liability
16. The rise of international regulation
17. Hamburg Rules
18. Hybrid carriage regimes and international Uniformity
19. The scheme of the Hague and Hague-Visby Rules
20. The application of the Hague and Hague-Visby Rules
21. The legal effect of the Hague and Hague-Visby Rules
22. Application and legal effect of the Hamburg Rules
PART IV: THE RESPONSIBILITIES OF THE SHIPPER
23. Shipper's common law obligations
24. Shipper's Obligations under the Hague, Hague-Visby and Hamburg Rules
25. Freight
PART V: THE OBLIGATIONS OF THE CARRIER
26. Generally
27. Seaworthiness
28. Deviation
29. Reasonable despatch
PART VI: THE RIGHTS AND IMMUNITIES OF THE CARRIER
30. Liens
31. Exclusion of liability
32. Limitation of liability
PART VII: CHARTERPARTIES
33. Voyage Charterparties
34. Laytime and Demurrage in Voyage Charterparties
35. Time Charterparties
36. Demise (Bareboat) Charterparties
PART VIII: CARGO CLAIMS
37. Limitation periods
38. Admiralty claims
39. Maritime Arbitration
40. Damages;