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International Trade and Maritime Law - Essay Example
Pages 10 (2510 words)
When dealing with international trade the appendix of exchange by sea cannot be overlooked at any consequences. Thus again, we come up to the most important factor of sea trades. It is the law or rules that govern the activity of this trade (Able, 39). Maritime law or Admiralty law is regarded as a divergent body of law which is applicable toward the formulation and application of maritime questions and offences…
Carrier is deemed to be in charge of the goods at the time of receipt of goods to the time of delivery.
Whereas the Hague-Visby Rules denotes the Scope of Coverage as an implication where it covers the period of time when the goods are loaded on the ship to the time they are discharged from the ship. ((Sundaram, 2004, pg 12)
When the matter of Carriers' Covered is taken into consideration the Hamburg Rules covers carriers that conclude a contract of carriage of goods by sea or are named in a contract of carriage of goods by sea with a shipper. Also covers "actual carriers" which include any person entrusted by the carrier to perform all or part of the carriage of the goods. (Sundaram,2003, pg 29)
Under the Hamburg Rules the carrier is liable for loss, damage, or delay in delivery of goods, if the loss occurred while the goods were under the carrier's charge, unless the carrier proves that he, his servant or agents took all measures that could reasonably be required to avoid the occurrence and its consequences (loss or damage).
More over, in accordance to the Carrier Liability or Duty of Care rules of Hague-Visby Rules the carrier shall properly load, handle, stow, carry, keep, care for, and discharge the goods carried and supply ship ...
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