RIGHTS AND OBLIGATION OF PARTIES UNDER THE CONTRACT OF CARRIAGE OF GOODS BY SEA

falling surface table

Archbold (Friday) Ltd. v S. Spnaglett Ltd.

(1981) 1 Q.B. 374 41

Asfar v. Brindel (1896) 1 Q.B. 123 45

food v. Phipps (1967) 2 AC 46 58

Casebourn v. Avery und Houston (1887) S.T.L.R. 795 41

Dakin v. Oxley (1864) 15 C.B.N. 648 44

Heskell gegen Continental Express Ltd. (1950) 1 Alle

ER1033 53, 54

Hong Kong Furshipping Co., Ltd. Against Kawosoki

OSHIN Co., Ltd. (1962) 2 Q.B. 26 26

Hunter v Princep (1808) 10 Ost 378 43

Kopitoff v. Wilson (1876)1 Q.B.D. 377 24

Maxime Footwear Co. Ltd. v. Canadian

Government clerk GmbH (1959) 2 all E.R. 740 26

Naruma & Sons Co., Ltd. v. Niger Benue Transport

Company GmbH (1989) 2 NWLR (Pkt. 106) 703 at 764 25.26

Notana against the United States Henderson (1872) LR7 Q.B. 225 55

Okoronko v Standard Bank of Nigeria (1947)

N.C.L.R. 315 at 327 13

Rose v. Fielder, Jones, Harrison (1919)

89 LJKB. 15 60

Saunders Brothers v. McLean (1883) 11 Q.B.D. 327 11

Scaramanga and Co. v. Stamp (1880) 5 C.P.D.

295 at 315 31

Configuration table

Laws and Regulations of Nigeria

Freight transportation law C2, Federal Law of Nigeria 2004.

Article 1

Article 3

Rule 1(a)(b)(c)

rule 4

rule 8

Article 4

rule 1

rule 4

rule 6

Article 5

Merchant Shipping Act Cap M II Federal Law of Nigeria 2004, p. 363

foreign law

Australian Shipping Act 1904

Canadian Water Transport Act of 1910

The Hague Visby 1968

Article 4

Rule 2

rule 3

rule 4

Harsh Law 1895

English Merchant Shipping Act 1844, page 493

New Zealand Seafarers Act 1908

U.S. Laws Concerning Maritime Transportation.

table of contents

page

title page

Certification II

approval iii

dedication iv

Recognitionv

Case table vi

Law viii

Contents ×

Summary xiii

chapter One

The Nature of Sea Freight Contracts

1.1 Introduction 1

1.2 Definition 2

Differences in terms of carriage

4 of sea goods from other contracts

1.4 Types of contracts of carriage 7

1.5 Scope of Law 14

Chapter 2

RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES UNDER THE CONTRACTS OF CARRYING BY SEA

2.1 Rights and Obligations of Carriage 17

2.2 Carrier Liability 21

2.3 Carrier exemptions 34

2.4 Carrier’s rights 37

2.5 Limitation of Liability 37

CHAPTER THREE

Duties of the Shipper

3.1 Duty to Engage In Lawful Trade 40

3.2 Duty to Tender Cargo 41

3.3 Duty to Pay Freight 42

3.4 Duty to Supply Information 45

3.5 Duty Towards Dangerous Goods 47

3.6 Rights of the Shipper 48

3.7 Immunities of the Shipper 49

CHAPTER FOUR

The Role of Agents in the Contract of Carriage of Goods by Sea

4.1 Definition of Agency 51

4.2 Types of Agents 52

4.3 Duties of An Agent 58

4.4 Liability of Agents Under Carriage of Goods 60

4.5 Independent Contractors 61

CHAPTER FIVE

Summary, Recommendations and Conclusion

5.1 Summary 65

5.2 Recommendations 69

5.3 Conclusion 70

Bibliography 72

ABSTRACT

Transportation is an integral factor in international trade and the contract of carriage of goods by sea, forms part of the complex web of transactions witnessed at international trade. The purpose of this project is to illuminate the nature and the inherent features present in the contract of Carriage of Goods by Sea and to also highlight the rights as well as the duties owed by the parties. It also seeks to point the obligations the law imposes on the parties as well as the liabilities they would incur on the event of breach in this form of contract.

CHAPTER ONE

THE NATURE OF THE CONTRACT OF CARRIAGE OF GOODS BY SEA

1.1 INTRODUCTION

Man has always been by his nature an interactive and interdependent being, and trade has been one of those means by which he interacts and shows his interdependency. He engages in the exchange of goods and services for a valuable consideration.

The concept of international trade is not new to man, only that here, this form of exchange seems to resonate on a much broader platform involving a complex web of structures and processes which makes this sort of transaction possible and one of this structure is the carriage of goods by sea, thus it is important to point out that, this form of transportation of goods is not only vital to international trade, but it also forms an integral part of it, that the absence it would make international trade very difficult to undertake.

Though our focus is the rights and obligations of parties under the carriage of goods by sea, full appreciation of this rights and duties will not be attained, if some attention is not given to highlight the nature of this form of transaction.

1.2 DEFINITION

The contract of carriage of goods by sea can easily be seen as a contract involving two parties who for an agreed sum agree to be bound by the terms reached by them. But this definition may be very misleading, for though the contract of carriage involve this important element it is not the same as the usual contracts reached and agreed by parties.

Perhaps looking at some definitions posed by some authorities, more light would be shed on the nature of this kind of contract. Clive M. Schmitthoff has attempted to vividly explain the nature of this contract. Here, he said, a contract of carriage includes situations where an exporter contracts with a ship owner to ship goods from one port to another. This contract is called a sea freight contract. RM meanwhile, Goode confirms the contract of carriage between his two parties, the shipper and the carrier. A freight forwarder is a person to whom a freight forwarder undertakes the transportation of goods.

Black’s Law Dictionary defines it as an arrangement for the carriage of goods by water, using a bill of lading, a charterparty, or both. Finally, Article 1 of the Carriage of Goods by Sea Act defines a contract of carriage as follows:

Apply for contract only

 

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