Assignments Maritime LAw Essays

2412 Words Jan 19th, 2014 10 Pages
Question A

Advise The Theatre of Wine on any claim that they might have, and what level of limitation will apply to that claim that the might have.
People to note are;
The Buyer/claimant: (The Theatre of Wine), in Greenwich London, UK
Shipowner/defendant: (Carry Carefully), South Africa
Copy of the bill of lading
My first advice is to ask The Theatre of Wine is that they need to know key important factors; The claimant need to prove when the defendant’s period of responsibility for the goods begin, and what was the condition of the goods at the time. In establishing the condition and the quantity of the goods at the start of the defendant’s period of responsibility, the claimant will be able to rely on the common law and
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(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.

(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.

(c) The apparent order and condition of the goods:
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or

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