Loading and unloading of cargoes in piers must be fast and efficient. Parties who cause the slow pace of the turn-over of those goods do not contribute to the smooth movement of harbor activities and must be penalized. Imposing the sanctions will be an incentive for shippers, consigners, and other parties to make use of port facilities and equipment with the needed efficiency especially within the context of global modernization. Cargo owners are therefore charged with the duty to see the expeditious and orderly loading and unloading of their merchandise and are liable to pay demurrage for any delay in that connection. The payment of such demurrage may not be imposed only in cases of fortuitous or unforeseen events and force majeure or in instances where the guilty party is the carrier which includes its ship captain or master. (Becerra, Robert J. THE DEMURRAGE DILEMMA. December 24, 2007. ShippingDigest. [internet]). In the case at bar, the guilty party is the master of Flying Dustman and his accountability to compensate for the damage is solidary with the owner of the ship. Horatio has thus nothing to do with the demurrage. It must be importantly noted that the contract between O and Horatio is one of voyage charter where the legal obligations are the burden of the carrier or the shipowner. These accountabilities cover the men and crew of the vessel including the master or the captain. (Compare and contrast the duties, responsibilities, and liabilities of the charterer towards the shipowner under both time and voyage charter parties. LAW ESSAYS UK. the law essay website. [internet]) The execution of the LOF with SCOPIC appurtenant to the Flying Dustman relating to both salvage contractors Pugwash and Saviour does not have any bearing on the possible controversy because the vessel to be salvaged, Flying Dustman, or O, its owner, evidently failed to provide the initial security required by No. 4 of the SCOPIC CLAUSE of SCOPIC 2007 within two working or office days from the time that the said SCOPIC CLAUSE was invoked. (SCOPIC CLAUSE. SCOPIC 2007. [internet]) Under this set of facts, Pugwash and Saviour, may opt or choose not to apply the provisions of the said SCOPIC CLAUSE in its totality and may instead go back to the provisions of any subsisting contract in conjunction with Article 14 of the International Convention on Salvage, 1989 (also herein referred to as Convention for brevity) which defines, delineates and enumerates the terms of a special compensation available to salvors or salvage contractors. (Article 14. Special compensation. Chapter III RIGHTS OF SALVORS. International Convention on Salvage, 1989. Admiralty and Maritime Law Guide. International Conventions. [internet]) The rights of the salvors are clearly outlined in the above-cited Convention. At this juncture, it has to be mentioned that the parties are all citizens or subjects of states parties which are likewise members of the International Maritime Organization. The latter enacted the Convention. The states parties involved are the United States from where the cargoes came and the United Kingdom because of its territory Monserrat where the goods are to be delivered.
The writer of the paper "Discussion On Non-cargo Claims"gives detailed information about the case that deals with the rights and liabilities of the one who owns the subject vessel, the cargo owner, and the salvage contractors and analyzes the example of such deal…
It is an important part of the business economic system and is a major global economic activity. In fact 10-15% of the product costs is logistics related. Worldwide logistics constitutes about $2 trillion a year. For any country the logistics cost is estimated between 9 to 20% of the GDP.
This is also emphasised in SOGA (1979) 14.2A and 14.2B, where the buyer is required to supply goods which meet the contractual description and which are in such a condition as would allow the buyer to use them for the purpose for which he purchased them.4 Articles 15(A) and 15(B) further defines the delivery of defective goods as a breach of contract which entitles the buyer to repudiate the contract.5 However, the circumstances of this particular case suggest that Sweet cannot be held liable for breach of contract while the carrier most likely can be.
CIF, FOB, and SoGA (1979) have attained relative consensus regarding the obligations of the seller within the sale of goods contract. CIF and FOB emphasise the more important of these obligations to be conformity.1 When the sales of goods contract covers ascertained goods, the buyer is obligated to provide the seller with goods which fulfil the description and characteristics of those contracted for.
Insurance law is based upon the law of contract, whereby the contractual duties are primarily upheld by courts as they represent the freedoms between individuals concerning business dealings. In addition, the elements of a valid contract are so tightly defined that to override them would make a mockery of an individual’s right to deal.
On perusal of facts, the ship owner is liable to the Charterer TD for the master's failure to take vessel through Suez route even though it was inadvisable and TD's lost opportunity to collect cargo from Jeddah, off-hire stay of the ship in Southampton due to arrest of the ship because of the owners default in the previous charter.
The general principle regarding the application of the Hague Rules is that they apply by their own force (ex proprio rigore) to contract of carriage covered by a bill of lading or any similar document of title.
Port of Santos or So Paulo's Port of Santos, situated only 36 miles (60 kilometers) from the biggest concentration of inhabitants in South America, is the most important port in Brazil. So Paulo has 22 million residents and represents 40 percent of Brazil's GDP It is near to the mainland and Brazil's biggest city, Sao Paulo.
It also claims to provide security recommendations for various circumstances and situations. Therefore the TT Club is a complete manual for practical measures of security. On the other hand the ISPS Code manual is published by IMO (International Maritime Organisation) with the coordination of its safety committee and maritime working groups.
According to the scenario provided, Emilia, in the preceding month, received three letters instituting legal actions against the company that have been elaborated in detail with the incorporation of varied lawful guidelines or
Bantz mailed the altered photograph, depicting Kiesau’s breasts, to several recipients. After first ruling in Kiesau’s favor, she mentioned alleged negligence by Buchanan county and Leonard Davis, the sheriff,
2 pages (500 words)Case Study
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