… nota bene …

But our law requireth a more preciseness in the execution thereof, then in Germany and the Low Countries, it not being Choses in Action, as the Lawyers speake. But the necessarines hereof, is so urgent, that no man is like to contradict the same; for wee doe finde by experience, that things which are indeede, and things which are not indeede, but taken to be indeed (as this is for payment of moneys) may produce all one effect.

…

The litigious Suits in Law being noted as the third cause of the decay of Trade, can hardly be remedied for the reasons before declared, but must have their course…

The Maintenance of Free Trade.
by Gerard Malynes Merchant.

London, 1622.

Sunset in Indian Ocean | www.seaphotos.net

Sunset in Indian Ocean| www.seaphotos.net

Of the Law

Natural law is at least the mediate cause of every obligation; for if contracts and injuries produce any obligation, it is because natural law requires every person to perform his promises, and to repair the injuries which he has wrongfully occasioned.

A treatise on the law of obligations or contracts, M. Pothier, vol.1, 1806.

Sunset, view from deck | www.seaphotos.net

The truth is, that the law always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not yet been absorbed or sloughed off. It will be come entirely consistent only when it ceases to grow.

Common law, O.Holmes.

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Adams v Royal Mail Steam-Packet Co (1858) 5 CBNS 492

Kirk v Gibbs (1857) 1 H & N 810

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Law & Sea

I, indeed am Lord of the world, but the law is lord of the sea. Let it be judged by Rhodian Law, concerning nautical matters, so far as no one of our laws is opposed.
The Emperor Antoninus (138-161 A.D.)Digest of Justinian.

For our distant ancestors sea was not only a vast space of water, dangerous and mysterious, but it was also cultural and important trade link between kingdoms and nations, commercial cities and small towns. Sea trade in its turn, to prosper and grow, had to develop a set of commonly understood and clear rules, which formed the lex maritima - "the law for merchants on sea." Read more…

Historical Background | Extend of Protection Available to the Carrier | Justice of the Case v Fundamental Departure | Marine Deviation and Fundamental Breach Distinguished | Distinctive Features of the Marine Deviation | Description of Voyage | Justified Departure from the Direct Route

Seaworthiness. Foundation of liability | Seaworthiness. Incidental to the carrier’s liability as an insurer | Seaworthiness. An absolute obligation | Seaworthiness. A relative and flexible term | Seaworthiness. Common law doctrine of stages |Seaworthiness. Modern regime

Safe Port

As Near As She May Get | Geographical limits | Politically unsafe | Dahl v Nelson | Safe Port Warranty | Not to order to unsafe place | Single ‘named port’ | Necessary Implication | When charterer impliedly warrants safe berth | Meaning of safe port | Physically safe | Legal consequences of inaccessibility

Time Charterparty

Voyage Charterparty

Law of Contract

Maritime Blog

The Hague-Visby Rules | The Hague Rules | Law Reform (Frustrated Contracts) Act 1943 Chapter 40. Adjustment of rights and liabilities of parties to frustrated contracts

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… nota bene …

Of the Law

Last Updates

Last Updates

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Law & Sea

Carriage of Goods by Sea

Short Overview | Date and Cargo Quantity Statements (Ship Figures - bill of lading discrepancies)

Historical Background | Extend of Protection Available to the Carrier | Justice of the Case v Fundamental Departure | Marine Deviation and Fundamental Breach Distinguished | Distinctive Features of the Marine Deviation | Description of Voyage | Justified Departure from the Direct Route

Seaworthiness. Foundation of liability | Seaworthiness. Incidental to the carrier’s liability as an insurer | Seaworthiness. An absolute obligation | Seaworthiness. A relative and flexible term | Seaworthiness. Common law doctrine of stages |Seaworthiness. Modern regime

FOB contracts | Types of FOB contracts | CIF contracts

Introduction | Voyage Charter. Due Diligence.Jointly appointed Inspector | Legal Issues Under a Time Charter Contract

Time Charterparty

Hull Fouling | Hi-jacking by pirates

Major’s approval - is a matter of status rather than condition | Meaning of an ‘Oil major’ and Recognised Oil Majors’ | Inspection initiated by Charterers’ nomination | Effective cause of major’s rejection | Conclusions – Majors’ approval and Off-hire

Introduction | Withdrawal as equivalent to cancellation | Time is of essence of withdrawal provision | Withdrawal for Underpayment of hire.

Voyage Charterparty

Charterer’s Duties - Introduction | Obligation to nominate port | Obligation to provide the goods for loading | Obligation to load and later to discharge the goods

Freight. Introduction | Computation and Calculation of Freight | Deduction from freight. General Principles | Deduction from Freight. Cargo Retention Clause | Freight and Cargo Contamination

Introduction | Arrived Ship | Reachable on Arrival | Detention v demurrage

Introduction | Legal Readiness | Premature and Invalid | Accepted Invalid NOR | When Invalidity of NOR Contracted Out | NOR and Laycan

Law of Contract

Introduction | Effect of Breach | Liability for Breach

Historical Background | Legal Aspects | Frustration as an implied term | Bibliography

Repudiation and Rescission | Drastic Measure | Repudiatory Breach | Positive Election

Maritime Blog

New Old story | À la guerre comme à la guerre | Masefield AG v Amlin

Safety Culture and ISM | Life Boats Safety | Life/Rescue Boats Accidents | Use of VHF in Collision Avoidance | COLREGS72, Rule 19. The Tragedy of The Sun Cross

Supplements

The Hague-Visby Rules | The Hague Rules | Law Reform (Frustrated Contracts) Act 1943 Chapter 40. Adjustment of rights and liabilities of parties to frustrated contracts

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