LAWS3105 Carriage of Goods by Sea (Visiting Students Only)
Semester one A shipowner will wish to use its ship to make as much profit as it can and will usually do so by chartering the ship either on a time charter or voyage charter basis. Semester one of this course will consider the basic obligations which you would expect to find in any charterparty such as the shipowner’s obligation of seaworthiness, the obligation not to deviate and the charterer’s obligation to nominate a safe port, before turning to consider time charterparties and voyage charterparties, and their differences, in greater depth. The standard form contracts in common use will be studied, as will the international conventions, such as the Hague and Hague-Visby Rules, which may be incorporated voluntarily in to those contracts. The principles of general commercial contract law, such as frustration, remedies for breach, remoteness of damage, and assessment of damages have often been developed in the area of carriage of goods by sea. They continue to be developed in this area partly as a result of the market crash in the autumn of 2008. Semester two Semester two of this course considers the bill of lading issued for the carriage of goods by sea. The three functions of the bill of lading as receipt, evidence of the contract of carriage and document of title, will be studied. Whether any of the international conventions such as the Hague, Hague-Visby or Hamburg Rules apply mandatorily to the bill of lading will be considered and if the Hague-Visby Rules do, the substantive rules as to liability, exceptions, limitation of liability and time bar are studied. Issues such as the identity of the parties to the bill of lading and whether they have title to sue are explored.
Aims and Objectives
- To give you a thorough knowledge and understanding of the main principles of the law relating to Carriage of Goods by Sea and the commercial, insurance and political policies and values which underpin it. - To provide you with experience of analysing legal principles deriving from a variety of legal instruments, including international conventions, statutes, case law, journal articles and standard form maritime contracts. - To enable you to develop your skills of legal analysis and problem solving in a contract-based commercial law subject with an international aspect.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- At the end of semester one of the module you will be able to understand the main principles which govern the contractual obligations arising under charterparties and at the end of semester two the main principles which govern bills of lading
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- Analyse relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts
- Identify and explain the main commercial, insurance and political policies and values underpinning the law relating to carriage of goods by sea
- Describe and assess existing areas of debate about what the law is and what it ought to be, both in the U.K. and internationally
- Apply commercial law principles, with appropriate legal authorities, in the solution of complex practical problems
- Draft legal advice based upon such problems
- Appraise and criticise existing debates in U.K. and international maritime law, using appropriate legal research skills
- Display clarity and objectivity in written discussion
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- Time Manage
- Identify relevant bibliography
- Competently undertake research tasks with minimum guidance using the full range of learning resources
- Be an independent and self-critical learner, managing your own requirements for continuing professional development
- To deploy legal arguments in writing.
Semester 1 1 Introduction and Commercial background 2 Basic implied obligations in carriage of goods by sea: Seaworthiness Deviation Safe ports Frustration 3 Cancellation of charterparty 4 Time Charters The description of the ship The period of the charterparty: underlap and overlap Off hire Hire and withdrawal 5 Remedies for breach of charterparty 6 Voyage charters Freight The commencement of laytime The calculation of laytime and demurrage The distinction between demurrage and damages for detention Liens for freight, demurrage and damages for detention and cesser clauses Semester 2 1 Introduction to bills of lading, the commercial background and their functions 2 Bill of Lading functions: receipt Typical bill of lading clauses: Weight and quantity Condition 3 Bill of Lading functions: Terms of contract 4 Bill of Lading functions: Document of title 5 Hague and Hague-Visby Rules: Liability scheme 6 Hague and Hague-Visby Rules: Application 7 Typical bill of lading clauses: Limitation of liability Time Bars 8 Typical bill of lading clauses: Himalaya Freight Lien 9 Hamburg Rules 1978 and Rotterdam Rules 2009 10 Through and combined transport 11 Waybills 12 Charterparty bills Identity of parties Identity of terms 13 Charterers' orders
This module is important for students wishing to work in firms specialising in maritime law. The Institute of Maritime Law runs a series of voluntary seminars on Wednesday afternoons given by brokers, insurers, judges, arbitrators, solicitors and others specialising in the maritime field to supplement and enhance the students understanding of the practical and commercial background to this subject.
Learning and Teaching
Teaching and learning methods
You will be provided with detailed reading lists, containing references to textbooks, cases, Conventions, statutes and journal articles. There will also be problem questions to be used for discussion in class. You will also be provided with a volume of standard form carriage contracts, supplementing those in the recommended textbook by John Wilson, so that you can relate the law to current commercial practice. The module will be taught by weekly seminars. You will be expected to prepare the written reading sheets in advance. This preparation will require you to read and assimilate a considerable amount of material. In particular, you will be expected to understand legal principles deriving from international Conventions, statutes, case law, journal articles and standard form contracts. This will develop your ability to read cases, to get quickly to the important subject matter, to spot issues which are important but not decided, to extract principles, and to use and apply those principles in practical case studies. Your study of standard form contracts used internationally will expose you to the operation of these contracts almost as quasi-codes of law. You will consider not only what the law is, but what it ought to be.
|Preparation for scheduled sessions||100|
|Completion of assessment task||25|
|Total study time||150|
Resources & Reading list
N. Gaskell, R. Asariotis and Y. Baatz (2000). Bills of Lading: Law and Contracts.
J. Schofield (2016). Laytime and Demurrage.
Y. Baatz et al (2009). The Rotterdam Rules: A Practical Annotation.
S. Baughen (2015). Shipping Law.
C. Debattista (2008). Bills of Lading in Export Trade.
Scrutton on Charterparties.
R.Aikens, R. Lord and M. Bools (2006). Bills of Lading.
G. Treitel and F. Reynolds (2012). Carver on Bills of Lading.
Cooke, Young and Taylor (2014). Voyage Charters.
Coghlin, Baker and Kenny (2014). Time Charters.
J. Wilson (2010). Carriage of Goods by Sea.
D.Yates (1993). Contracts for the Carriage of Goods.
W. Tetley (1988). Marine Cargo Claims.
Y. Baatz et al (2014). Maritime Law.
|Essay (4000 words)||100%|
|Essay (4000 words)||%|
Repeat type: Internal & External
Costs associated with this module
Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.
In addition to this, students registered for this module typically also have to pay for:
Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the core/ recommended text as appropriate.
Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.