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Questions and Answers
What is the primary purpose of a contract of carriage by sea?
Which type of contract is a receipt and contract between the carrier and the shipper?
What is the term for the carrier's limited responsibility for loss or damage to goods?
What is the main difference between a Bill of Lading and a Waybill?
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What is the purpose of a Charter Party?
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Study Notes
Definition A contract of carriage by sea is a type of contract where a carrier agrees to transport goods or passengers by sea in exchange for payment.
Key Features
- A contractual agreement between the carrier and the shipper/consignee
- Goods or passengers are transported by sea
- Carrier is responsible for safe transportation
- Shipper/consignee pays the carrier for the service
Types of Contracts
- Charter Party: a contract between the shipowner and the charterer, where the charterer hires the ship for a specific period
- Bill of Lading: a receipt and contract between the carrier and the shipper, acknowledging the receipt of goods and outlining the terms of transportation
- Waybill: a non-negotiable document that serves as a receipt and a contract between the carrier and the shipper
Carrier's Liability
- Limited Liability: carriers are not liable for loss or damage to goods exceeding a certain amount (e.g. Hague-Visby Rules)
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Exceptions: carriers are not liable for loss or damage caused by:
- Act of God
- Act of war
- Negligence of the shipper or consignee
- Inherent vice of the goods
- Insufficient packing or labeling
Shipper's Obligations
- Proper Packing and Labeling: shipper must ensure goods are properly packed and labeled
- Accurate Information: shipper must provide accurate information about the goods, including weight, measurement, and value
- Payment of Freight: shipper must pay the carrier the agreed-upon freight charge
Dispute Resolution
- Arbitration: disputes may be resolved through arbitration, as agreed upon in the contract
- Jurisdiction: disputes may be resolved in a specific court or jurisdiction, as agreed upon in the contract
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Description
Test your knowledge of contracts of carriage by sea, including types of contracts, carrier's liability, shipper's obligations, and dispute resolution. Understand the key features and provisions of charter parties, bills of lading, and waybills.
