| Popis: |
This chapter considers the possible branches of law under which cargo claims may be mounted. They are: contract, bailment, tort of negligence and tort of conversion. This chapter considers cargo claims brought by the bill of lading holder, seller, owner of cargo, etc. against the contractual carriers, shipowners, independent contractors like strovedores, etc. The utility of each type of action and a comparison between them, when more than one is available, are set out. The question of existence of contract in carriage transactions is examined. This covers direct contract (including one by demise clause), statutory contact by Bills of Lading Act 1855/Carriage of Goods by Sea Act 1992, contract by agency on loading and implied contracts before loading/on loading or discharge. The distinction between misdelivery (for which an action lies in conversion) and a mere non-delivery (for which an action lies only in contract) are clearly set out. The difference between proprietary interest and possessory interest are observed in the study of conversion. The application of contractual limitations in negligence actions are observed. Burden of proof in bailment actions, head bailments, sub-bailments, terms of bailment and incorporation of jurisdiction and choice of law clauses into bailment terms are dealt with. |
