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From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin

Acknowledgements »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin

Part II Bills of Lading and Other Documents of Carriage, 11 Alterations of Delivery Obligations and Other Problems »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
11.01 In this chapter we consider the effect of certain ancillary matters, in particular, the legal consequences attaching to alterations of the carrier’s delivery obligations. We look, in particular, at alterations of the bill of lading and the problem of antedating, alterations of the named parties, and the common practice, in some jurisdictions, of issuing switch bills of lading. 11.02 There may sometimes be an issue as to whether mistakes in the bills of lading can be corrected at the time when they are presented for signature by the master. In essence, the...

Bibliography »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin

Part II Bills of Lading and Other Documents of Carriage, 8 The Bill of Lading as a Document of Title »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
8.01 We turn in this chapter to a consideration of one of the most unique features of the bill of lading, namely the possibility that, in an appropriate form, the bill of lading is able to function as a document of title. We consider first the significance of the bill of lading as a document of title and then move on to a consideration of some of the problems associated with the transfer of rights of suit and the solutions provided by the Carriage of Goods by Sea Act 1992.1 We consider finally the position of spent bills of lading. 8.02 A bill of lading can...

Part II Bills of Lading and Other Documents of Carriage, 6 The Bill of Lading as a Receipt for the Goods Shipped »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
6.01 We have previously noted that, at common law, the original function performed by the bill of lading was that it was a receipt for the goods1 and contained statements as to quantity, a description of the goods, and the condition in which they were received by the carrier. These facets of the bill of lading came to have important commercial consequences and, in practice, this often forms an area where disputes arise. In this chapter we consider these aspects from the standpoint of the common law.2 6.02 The face of the bill of lading contains a great deal of...

Part II Bills of Lading and Other Documents of Carriage, 7 The Bill of Lading as Evidence of the Contract of Carriage »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
7.01 As a rule, most bills of lading, particularly those which are issued on liner terms1 and also those which are for multimodal carriage, contain detailed contractual terms on the reverse. In Crooks v Allen, Lush LJ stated that: … [A] shipper has a right to suppose that his goods are received on the usual terms, and to require a bill of lading which shall express those terms.2 In this chapter we consider whether these terms constitute the contract of carriage, to what extent they are binding on the shipper, and whether there is a separate rule when the bills of...

Part I Introduction, 1 The Business of Carriage of Goods »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
1.01 The concern of this book is all aspects of the law relating to the carriage of goods by sea. Its main focus is therefore the legal relationships which follow from such carriage by sea. This chapter considers, in outline, the nature of the business which underpins the legal relationships entered into. It also introduces the dramatis personae‎ to the various contracts. 1.02 In the 2008 trading year, an estimated 8,168 billion tonnes of cargo were transported by sea. This was almost double that in 19901 and reflects a continuing growth in the transport of...

Carriage of Goods by Sea »

Professor Stephen Girvin

Part II Bills of Lading and Other Documents of Carriage, 10 The Carriers’ Delivery Obligation »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
10.01 Following on from the recognition that the bill of lading is a document of title at common law,1 a further principle has evolved which requires the master only to part with the goods on presentation of the bill of lading2 by the holder.3 This delivery4 function5 has been described as the ‘principal role’ of the bill of lading6 and is typically reinforced by the following statement in most bills of lading: ‘SHIPPED on board in apparent good order and condition … for carriage to the Port of discharge …’7. In this chapter we examine the fundamental principles,...

Part V The Obligations of the Carrier, 27 The Carrier’s Obligations Under the Hague, Hague-Visby, and Rotterdam Rules »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
27.01 In the preceding chapters we have considered various important duties which fall on carriers at common law and by means of contractual terms in bills of lading and charterparties. In this chapter we return to our consideration of the Hague and Hague-Visby Rules and consider the obligations which fall on the carrier under Article III of these Rules.1 We then turn our attention to the obligations placed on carriers under the Rotterdam Rules.2 27.02 We have previously looked at the function of the bill of lading as a receipt for the goods.3 We now examine...

Part II Bills of Lading and Other Documents of Carriage, 12 Charterparties and their Relationship with Bills of Lading »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
12.01 In this chapter we consider the relationship of charterparties and bills of lading. We look first at the background to trading in charterparties and bills of lading before examining the effect of bills of lading in the hands of the charterer. We then look at a prominent issue which faces a cargo claimant, namely, whether to sue the shipowner or the charterer. We consider finally some of the problems associated with the incorporation of charterparties into bills of lading and the consequences of the transfer of the bill of lading to a third party. 12.02...

Part V The Obligations of the Carrier, 25 Deviation »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
25.01 In this chapter we move on to a consideration of a further significant obligation which falls on the shipowner, namely the obligation not to deviate.1 Once described as a ‘long-standing feature of English maritime law’2 we shall see that its origins are indeed ancient but that its continuing importance is a matter of some criticism given a number of contemporary developments.3 25.02 The origins of the doctrine of deviation4 have recently been shown authoritatively to have existed, at least in maritime law texts, as early as the seventeenth century.5 It is,...

Part III International and Domestic Regulation, 14 Domestic Legislation on Cargo Liability »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
14.01 The modern law relating to contracts of carriage by sea has evolved as a response to what has traditionally been characterized as an acute imbalance of bargaining power between shipowners and cargo owners.1 Accordingly, in this chapter we turn to consider the domestic legislation on carrier liability which provided the template for international developments and, in particular, the eventual enactment of the Hague Rules. Before considering these initiatives, however, we consider first basic liability of the carrier from a historical viewpoint. 14.02 Until at...

Part VI The Rights and Immunities of the Carrier, 29 Exclusion of Liability Under the Hague, Hague-Visby, and Rotterdam Rules »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
29.01 We have referred previously to the common law position on exclusion clauses.1 We have seen that it was the presence of exclusion clauses which prompted domestic and international movement towards new cargo liability reforms. In this chapter, our concern is the provisions in the Hague, Hague-Visby, and Rotterdam Rules which potentially exclude the carrier from liability. 29.02 The ‘laundry list’2 (or catalogue) of exemptions in article IV, rule 2 was included primarily as one of the balancing factors in the Rules. As Sir Norman Hill explained: It would have...

Part IV The Responsibilities of the Shipper, 22 Freight »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
22.01 We have so far considered the shipper’s obligation under the common law. In this chapter we consider another central obligation of the shipper of the goods, namely his obligation to pay the freight1 for the carriage of his goods. 22.02 Freight is the consideration which is payable to the carrier for the carriage and arrival of the goods in a merchantable condition, ready to be delivered at the port of discharge.2 Freight is payable under a voyage charterparty or under a bill of lading issued by the shipowner and, in some cases, also the charterer.3 Lord...

Part VIII Cargo Claims, 34 Frustration »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
34.01 The doctrine of frustration is one of considerable complexity.1 It is a doctrine of general contract law, but many of the leading cases have been shipping cases. In this chapter we look at these cases and the importance of the doctrine in contracts for the carriage of goods by sea where, taken as a whole, few cases invoke the doctrine because of the presence of so-called force majeure‎ clauses which deal with subsequent events.2 It is prudent also to have in mind the following words of Bingham LJ (as he then was): The doctrine of frustration depends on a...

Part III International and Domestic Regulation, 17 Hybrid Carriage Regimes and the Movement to the Rotterdam Rules »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
17.01 In the previous chapters we have examined the principal movements which led to the enactment of the Hague, Hague-Visby, and Hamburg Rules. In this chapter we consider the move away from international uniformity, the increasing trend towards national solutions,1 the impetus to produce a new international convention, and progress towards ratification of the new Rotterdam Rules. 17.02 After the coming into force of the Hamburg Rules in 1992, a number of countries began actively to consider their implementation. Indeed, both Canada and Australia at one time had...

Index »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin

Part II Bills of Lading and Other Documents of Carriage, 5 Issue and Transfer of Bills of Lading »

From: Carriage of Goods by Sea (2nd Edition)
Professor Stephen Girvin
5.01 In this chapter we consider the processes leading to the issue of bills of lading, including the practice of issuing bills of lading in sets. We look finally at the different ways of negotiating bills of lading. 5.02 As we have already noted, not all carriage by sea warrants the issue of a bill of lading.1 Other documents are in common usage, particularly when bills of lading are not required, such as where there are short journeys involved and where a document of title is not required. Where bills of lading are issued, it is important to establish when they...