|Pris: 5287 SEK exkl. moms |
|Marine Cargo Claims is a detailed study of the principal legal issues connected to maritime transport law. Twenty years have passed since the third Edition of this book and international carriage of goods by sea law, as well as the whole context of international trade, has changed considerably.|
• This book studies basic civil law, common law and maritime law principles as applied to marine cargo claims in the United Kingdom, The United States, France and Canada, with references as well to the law of other jurisdictions.
• It reviews the major principles and rules applied historically by the common law and the civil law to the carriage of goods by sea issues, and marine cargo claims in particular, providing a true transsystemic recapitulation of these fundamental concepts.
• It compares and examines over time the multilateral solutions to marine cargo claims liability issues, as seen in the Hague Rules (1924), the Hague/Visby Rules (1968/1979) and the Hamburg Rules (1978) in relation to major issues of liability for cargo lost or damaged at sea.
• It also examines the past and recent case-law and writings of the most influential legal authors in the four basic jurisdictions and elsewhere on maritime transport law.
• It reproduces the most significant legislation.
• It includes national summaries of the law on marine cargo claims of some 50 countries, written by legal experts from those jurisdictions.
Table of contents:
Select Bibliography and Abbreviations
Table of Cases
Table of Statutes
Application of the rules generally
Application of the rules to charterparties
Interpretation and construction of the rules
Interpretation of bills of landing and superseding clauses
Fundamental breach, deviation, quasideviation, and rupture of the contract
The burden and order of proof
Sales of goods – The passing of title and risk – A resume
Who may claim or sue?
Proving the contract or tort
Whom to sue
Loss while in the charge of the carrier
Loss or damage to cargo
Measure of damages
The cause of the loss or damage
Due diligence to make the vessel seaworthy
Error in navigation or management
Peril of the sea and similar exceptions
Acts and fault of the shipper
Inherent vice and hidden defect of the goods
Insufficiency of packing
Latent defects of the ship
Art. 4(2)(q) – Any other cause without fault
Load properly and carefully
Stow properly and carefully
Properly carry, keep and care for cargo
Discharge properly and carefully
Collision and loss to cargo
Delay for suit
Responsibility of freight forwarders
Cargo owner’s obligations in general average
The Himalaya Clause – Heresy or genius?
Jurisdiction Clauses – Forum non conveniens
Letters of indemnity and of guarantee
Limitation, non-responsibility and disclaimerclauses
Notice of loss
Package or kilo limitation
Set-off, recoupment, “compensation” and counterclaim
Sweat damage and ventilation
Through and combined carriage and transhipment
United States Law
United Kingdom Law
Beaufort Wind Scale