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The law of carriage of goods by sea is a body of law that governs the rights and duties of shippers, carriers and consignees of marine cargo. [ 1 ] Primarily concerned with cargo claims , this body of law combines the international commercial law , the law of the sea and admiralty laws .
The U.S. Shipping Act, was signed into law by President Ronald Reagan on March 20, 1984. [1] [2] The purpose of the Act was to: (1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs; (2) provide an efficient and economic transportation system in ...
A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger. [1] [2] Contracts of carriage define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure (removing liability for extraordinary occurrences beyond control of the parties).
However, the common law "business efficacy rule" in The Moorcock [13] may require that seaworthiness is an implied term of the contract. Also, sections 13 & 14 of the Sale of Goods Act 1979 require (respectively) that "the goods", (the ship), "comply with description" and shall be of "satisfactory quality".
The Dutch word "lading" has exactly the same meaning (freight, cargo, an amount of transportable goods) as it has in the English "bill of lading", but is not restricted to shipping. [17] Under English law, the Carriage of Goods by Sea Act 1992 provides that the term "bill of lading" includes a "received-for-shipment" bill of lading issued by ...
The result is that certain more-or-less common clauses in affreightment contracts have come before the courts, and decisions in these cases are treated practically [2] —though perhaps not logically—as rules of law that determine the meaning of certain common expressions in shipping contracts. The law acts in a third way—by laying down ...
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The sale and purchase of ship is an important aspect of the shipping industry.It may involve large amounts of money and requires brokers to possess knowledge of types of vessels and their function, knowledge of maritime law, as well experience in bargaining.