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