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…
Carriage of Goods by Sea
Bill of Lading
Short Overview | Date and Cargo Quantity Statements (Ship Figures - bill of lading discrepancies)
Dangerous Goods
Marine Deviation
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
Reasonable Dispatch. Implied obligation to sail without unreasonable delay
Contracts of Carriage as a Part of International Sale Transactions. Right to Sue
Seaworthiness
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 | Politically safe
Sale Contracts
FOB contracts | Types of FOB contracts | CIF contracts
Tank Cleaning - Legal Issues
Introduction | Voyage Charter. Due Diligence.Jointly appointed Inspector | Legal Issues Under a Time Charter Contract
Time Charterparty
Introduction
Frustration
Payment of Hire
Liens
Redelivery
Types of time charters
Off-hire
Hull Fouling | Hi-jacking by pirates
A Major’s Approval
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
Withdrawal
Introduction | Withdrawal as equivalent to cancellation | Time is of essence of withdrawal provision | Withdrawal for Underpayment of hire.
Voyage Charterparty
Historical Background & Introduction
Approval Clause
Berth and Port Charters
Cesser Clause
Charterer’s Duties
Charterer’s Duties - Introduction | Obligation to nominate port | Obligation to provide the goods for loading | Obligation to load and later to discharge the goods
Distribution of RisksDemurrage and Despatch