Assignments Maritime LAw
Question A
Advise The Theatre of Wine on any claim that they might have, and what level of limitation will apply to that claim that the might have.
People to note are;
The Buyer/claimant: (The Theatre of Wine), in Greenwich London, UK
Shipowner/defendant: (Carry Carefully), South Africa
Copy of the bill of lading
My first advice is to ask The Theatre of Wine is that they need to know key important factors; The claimant need to prove when the defendant’s period of responsibility for the goods begin, and what was the condition of the goods at the time. In establishing the condition and the quantity of the goods at the start of the defendant’s period of responsibility, the claimant will be able to rely on the common law and statutory rules that governs the effect of the statements in shipping documents, such as bill of lading. As to this case there are no information about the about the period when the wine were transported, date when the contract has taken place and delivery terms, no information about how the cargo was stowed and also no information from the claimant about how the documents would be issued such as the mate receipt, final and initial draft survey report of the vessel before loading the cargo and bill of lading. Also, under every contract of carriage of goods by sea the carrier, in relation to loading, handling, stowage, carriage, custody, care and discharge of the goods shall be subject to the responsibilities and liabilities and entitle to the rights and immunities, also whether the cargo was in good condition or not, the quantity or units of the consignment was not declared by the claimant before the cargo was loaded and have not been described on the bill of lading. In that case the carrier or the ship should not become liable for any loss or damage in connection with the consignment if the amount exceeding the equivalent of 10,000 francs per package or unit 30 francs per kilo of gross weight of the goods lost or damaged, whichever
Advise The Theatre of Wine on any claim that they might have, and what level of limitation will apply to that claim that the might have.
People to note are;
The Buyer/claimant: (The Theatre of Wine), in Greenwich London, UK
Shipowner/defendant: (Carry Carefully), South Africa
Copy of the bill of lading
My first advice is to ask The Theatre of Wine is that they need to know key important factors; The claimant need to prove when the defendant’s period of responsibility for the goods begin, and what was the condition of the goods at the time. In establishing the condition and the quantity of the goods at the start of the defendant’s period of responsibility, the claimant will be able to rely on the common law and statutory rules that governs the effect of the statements in shipping documents, such as bill of lading. As to this case there are no information about the about the period when the wine were transported, date when the contract has taken place and delivery terms, no information about how the cargo was stowed and also no information from the claimant about how the documents would be issued such as the mate receipt, final and initial draft survey report of the vessel before loading the cargo and bill of lading. Also, under every contract of carriage of goods by sea the carrier, in relation to loading, handling, stowage, carriage, custody, care and discharge of the goods shall be subject to the responsibilities and liabilities and entitle to the rights and immunities, also whether the cargo was in good condition or not, the quantity or units of the consignment was not declared by the claimant before the cargo was loaded and have not been described on the bill of lading. In that case the carrier or the ship should not become liable for any loss or damage in connection with the consignment if the amount exceeding the equivalent of 10,000 francs per package or unit 30 francs per kilo of gross weight of the goods lost or damaged, whichever