The System Of The Law Of Marine Insurances - MyAssignmenthelp.com

Question: Discuss about the System Of The Law Of Marine Insurances. Answer: Introduction In international trade, the Bill of Lading is a key document for buying and selling, and also for those related to finance and transport. Its use is vital for the work of both exporters and importers, as well as customs agents and ships, freight forwarders, shipping companies, etc. In a sale of goods contract, carriage is frequently the final step. Often, the shipper is the vendor of the cargo. During the course of contract of carriage, title and risk to the goods often passes. The general presumption is that when the title to the goods passes the risk also passes, however, this presumption is rebuttable (PARK, 2017). The point at which both risk and title pass is dependent on the intention of the parties as well as the terms of the contract of sale. There are different times when risk and title passes and these are ; if the sale is FOB (free on board) the buyer bears all the risk of damage or loss to the goods. On the other hand, if the contract is CIF or CF which means cash, insurance and freight , the seller is supposed to pay for delivery cost, but the risk of damage or loss of goods passes to the buyer when the goods are loaded past the ships rail (Thannapan, 2007). Facts of the case Kyokuyo Company limited is the claimant in this case and claims that the defendant, Maersk Line, delivered damaged goods. The damaged good which were received in three containers but kept under raised temperatures during handling and carriage. The delivered goods were frozen loins and bags as cargo and delivered to Cartagena in Spain. In the case, Maersk lines liability was substantially governed by terms and conditions of current carriage under incorporated articles 1 to 8 of the Hague-Visby Rules. Kyokuko Co Ltd provided for the issue of a bill of lading on request and demand but no such document was issued. Subsequently, non-negotiable waybills were issued in place of the bill of lading after much demand from the claimant (PARK, 2017).This was a variation of the contract agreement which was not disputed by Maersk Line. The contention came as the parties disagreed as to which rules applied and as to how the rules of the contract failed to be applied. Both parties disagreed as to which rules applied which was either the Hague-Visby or the Hague rule. They also disagreed on the relevant unit or package of the carriage. Conclusion Yes I agree with the judges comment; this is because Since the arguments were not identical, newer rules and older rules came into play. The requirements under the rules first considered the carriage under the package or unit. This was both under the Hague rules and the Hague- Visby rules. There was no change in meaning of a unit or package in article IV rule 5(a) of the Hague Visby rule. Therefore the claimant was to be awarded for the damaged goods transported by Maersk line. Both the Hague rule and the Hague-Visby rule applied in this case. References PARK, J. (2017).SYSTEM OF THE LAW OF MARINE INSURANCES,. [S.l.]: FORGOTTEN BOOKS. Thannapan, J. (2007).Marine law. New Delhi: Anmol Publications.