Introduction to the Law on Carriage of Goods

Introduction to the Law on Carriage of Goods

• This course, GLUE 3073, covers international and domestic carriage of goods at UUM School of Law.

Overview of the Carriage of Goods

• Definition and Types of Goods: Carriage of goods is the transportation of goods from one place to another. These goods can be physical items (raw materials, finished products) or intangible items (electronic data, intellectual property).
• Different goods require different modes of transport, packaging, and handling. This can result in varied risks and challenges during carriage.

Parties Involved in Carriage of Goods

• Carriage of goods involves multiple parties:
  • The carrier is responsible for transporting the goods.
  • The shipper sends the goods.
  • The consignee receives the goods.
  • The freight forwarder is a third-party intermediary, arranging transport and logistics services for the shipper or consignee.

Modes of Transport

• Goods can be transported by various modes:
  • Maritime (ships, barges)
  • Air (airplanes, helicopters)
  • Land (trucks, trains, inland waterways)

Types of Contracts

• Carriage of goods contracts, often governing the process, include:
  • Bills of Lading (maritime)
  • Air Waybills (air)
  • Road Transport Documents (land)
• These contracts outline conditions regarding liability, payment methods and delivery terms.

Legal Framework for Carriage of Goods

• Sources of Law: Carriage of goods is governed by international and domestic laws, conventions, treaties, common law, and judicial decisions.
• Key Legal Concepts & Terminologies: The legal framework includes liability (carrier's responsibility for damage or delay), damages (compensation for loss/damage), breach of contract (failure to fulfil obligations), and force majeure (events beyond carrier's control).

Types of Carriage of Goods

• Domestic Carriage: Transportation of goods within a single country, governed by that country's laws.
  • Malaysia: Governed by the Malaysian Carriage of Goods by Road Act 1950, Malaysian Contracts Act 1950, and other regulations.
• International Carriage: Transportation of goods across national borders.

Development of Carriage of Goods Law

• Historical Perspective:
  • Ancient times involved land and sea transport.
  • Roman law introduced "delegatus non potest delegare," meaning a carrier cannot delegate duties.
  • Middle Ages in England, bailment (transfer of possession) was key.
• 19th Century: Industrialization led to increased complexity in goods law; acts like the British Parliament's Carriers Act 1855 and Carriage of Goods by Sea Act 1924 (Hague Rules) were introduced.
• 20th Century: International conventions (e.g., UN Convention on International Carriage of Goods, 1978 Hamburg Rules) were developed to manage different transport modes.

Importance of Carriage of Goods Law

• Crucial for international trade, offering certainty and predictability about goods movement, dispute resolution, and liability.
  • In Malaysia, the legal framework for carriage of goods encompasses both domestic and international laws. There is no overarching international regime governing transport by road or rail, and Malaysia relies on national licensing laws and regulations or statutes.

Parties Involved in Carriage of Goods

• Carrier: The party that transports the goods.
• Shipper: The party that delivers the goods to the carrier for transport.
• Consignee: The party that receives the goods at the destination.
  • Consignee has a duty to notify the carrier of any damage discovered during delivery within a specific timeframe. Failure to do so might affect any future claims.