StudentShare solutions
Triangle menu

Dispute Resolution: Frustration and Deviation - Essay Example

Nobody downloaded yet
The majority of maritime commercial transactions involve the carriage of goods. The primary document is the bill of lading, which is basically a contract of carriage. In 1936 the Carriage of Goods by Sea Act (COGSA) was passed in the United States, only applies to foreign trade and is limited to the time the cargo is loaded and discharged from the vessel. COGSA was in implementation of the Hague Rules, which sought to ensure a seaworthy ship and the proper care of goods. COGSA was also enacted to cover encompass the international sphere of uniform liability rules governing domestic voyages found in the Harter Act of 1893. It covers only the period of time between the times the goods are loaded on the ship and when they are discharged from the shop. The main point of the Act was to prevent ship owners contracting out of the duty to properly care for the vessel and the cargo onboard.
Two terms for dispute in maritime law are in personam and in rem. The in personam suit is typical of other forms of law, but in rem is nearly exclusive to admiralty jurisdiction and is basic to the maritime lien. In maritime law an aggrieved party has a property interest in the vessel or other tangible item involved in the amount of the accrued liability and this right is a maritime lien. In rem is an action directly against the vessel bearing the lien. An in rem can only be brought to a federal court as a court of admiralty. The in personam can be brought to federal or at common law in state courts.
Particular to marine insurance and general insurance law are the terms condition and Warranty. In English law a condition is a portion of the contract that is fundamental to the performance and if breached voids the entire contract. A warranty is not essential to contract fulfilment and will not constitute a breach. In Marine insurance law the terms are reversed and refer to implied warranties such a seaworthy vessel and those specifically expressed in writing. Warranties can be excused upon a change of circumstance such as a deviation or a situation that frustrates the contract. Expressed warranties do not exclude implied warranties, that is, it is assumed that the ship is seaworthy even though the fact is not stated in shipping documents.
The Marine Insurance Act 1906 has several very important sections that include foremost section 4 which states that a policy without insurable interest is void and section 17; Insurance is uberrimae fides. Marine contracts are based on good faith or the truthfulness of both parties and if that does not occur then the contract maybe voided. ...Show more


The writer of this essay "Dispute Resolution: Frustration and Deviation" aims to investigate what is the best solution to the insurance problems in force majeure
situations. For this purpose, the paper reveals some common examples…
Author : millie28
Dispute Resolution: Frustration and Deviation essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Dispute Resolution: Frustration and Deviation"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Alternate Dispute Resolution
It is not more than 100 words and focuses solely on defining the reader what the writer is going to talk about. ADR is one of the subjects of discussion, and the writer starts which the explanation of ADR which also includes the definition of the same.
9 pages (2250 words) Essay
Alternative Dispute Resolution
This essay discusses that business law is the law that is appropriate to business units like partnerships and corporations. For sometimes, QuizLaw has concentrated on the laws associated to the locations and creations like a business. However, most business cases involve disputes brought about by business rivalry, competition or misunderstandings.
6 pages (1500 words) Essay
Dispute Resolution and Construction
Discuss the enforceability of mediation outcomes and provide recommendations to overcome such difficulties. 1. Introduction Disputes are inevitable due to the escalating demand of byzantine and fast-track construction projects. Therefore, it is imperative for a person in the managerial or administrative position to possess skills in resolving disputes.
6 pages (1500 words) Essay
Dispute Resolution Process Paper
Dispute Resolution Process Paper Student’s Name, I.D. Name of the University Dispute Resolution Process Paper Introduction to the Dispute Resolution Process of My Organization The organization I have selected for this paper is a modern setup as a whole where each and every employee is important on an individual basis.
3 pages (750 words) Essay
Online Alternative Dispute Resolution
Due to the increasing use of the Internet worldwide, the number of disputes arising from the Internet commerce is forever on the rise. Numerous websites have been established in order to attempt at resolving or at least partially solving this dilemma; as well as to facilitate the resolution of disputes that occurs offline.
25 pages (6250 words) Essay
Alternative dispute resolution
It is a less formal and often more consensual way to resolve the dispute than is done in the courts. ADR is not come into the government judicial process. In some last years Alternative dispute resolution has obtained extensive popularity among both the general public and the legal profession.
2 pages (500 words) Essay
Alternative Dispute Resolution
In its paragraph 6, the verdict makes observation of the fact that many believe that the advantages of mediation or of ADR have not yet been sufficiently demonstrated.1 Although not exactly the same, ADR and mediation are interchangeably understood as synonymous.
15 pages (3750 words) Essay
Alternative Dispute Resolution
Furthermore, the increasing pressure upon the judicial system recently as fuelled by the “growing culture of complaint3” has arguably stretched the legal
16 pages (4000 words) Essay
Online Dispute Resolution
However, just like with any dispute resolution method, ODR is not without its pitfalls. The many advantages that ODR has over traditional litigation makes it
7 pages (1750 words) Essay
International Dispute Resolution
According to the report dissimilarity of legal systems of two countries makes it difficult to resolve disputes. In spite of several works of international agencies, unification of laws of different countries is yet to be achieved. Alternative dispute resolution methods are resorted to for commercial disputes between parties belonging to different countries.
21 pages (5250 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Contact Us