Podcast
Questions and Answers
What is the primary role of the carrier in the carriage of goods?
What is the primary role of the carrier in the carriage of goods?
Which of the following is NOT a type of contract used in the carriage of goods?
Which of the following is NOT a type of contract used in the carriage of goods?
Which mode of transport is associated with the use of ships or barges?
Which mode of transport is associated with the use of ships or barges?
Who is the individual responsible for sending the goods in the carriage process?
Who is the individual responsible for sending the goods in the carriage process?
Signup and view all the answers
What is the main challenge when transporting different types of goods?
What is the main challenge when transporting different types of goods?
Signup and view all the answers
Which party arranges transportation and logistics services on behalf of the shipper or consignee?
Which party arranges transportation and logistics services on behalf of the shipper or consignee?
Signup and view all the answers
What type of goods can be categorized as intangible items?
What type of goods can be categorized as intangible items?
Signup and view all the answers
Which of the following best describes the consignee's role?
Which of the following best describes the consignee's role?
Signup and view all the answers
Which act governs the domestic carriage of goods in Malaysia?
Which act governs the domestic carriage of goods in Malaysia?
Signup and view all the answers
What principle does 'delegatus non potest delegare' represent in the context of carriage of goods?
What principle does 'delegatus non potest delegare' represent in the context of carriage of goods?
Signup and view all the answers
In bailment, who is responsible for the safekeeping and return of goods?
In bailment, who is responsible for the safekeeping and return of goods?
Signup and view all the answers
Which significant international convention was established to regulate the carriage of goods by sea?
Which significant international convention was established to regulate the carriage of goods by sea?
Signup and view all the answers
How did the 19th century impact the law governing the carriage of goods?
How did the 19th century impact the law governing the carriage of goods?
Signup and view all the answers
What does the principle of liability established in Roman law hold against carriers?
What does the principle of liability established in Roman law hold against carriers?
Signup and view all the answers
Which act was passed by the British Parliament in 1855 to regulate carriers' liability?
Which act was passed by the British Parliament in 1855 to regulate carriers' liability?
Signup and view all the answers
Which era saw the establishment of common law rules surrounding the carriage of goods?
Which era saw the establishment of common law rules surrounding the carriage of goods?
Signup and view all the answers
What is the main purpose of the Carriage of Goods by Sea Act 1924?
What is the main purpose of the Carriage of Goods by Sea Act 1924?
Signup and view all the answers
Which body of law governs the carriage of goods law in Malaysia?
Which body of law governs the carriage of goods law in Malaysia?
Signup and view all the answers
What main domestic law governs the carriage of goods by sea in Malaysia?
What main domestic law governs the carriage of goods by sea in Malaysia?
Signup and view all the answers
Which act regulates road haulage in Malaysia, despite not addressing cargo liability issues?
Which act regulates road haulage in Malaysia, despite not addressing cargo liability issues?
Signup and view all the answers
What do the Hamburg Rules address regarding the movement of goods?
What do the Hamburg Rules address regarding the movement of goods?
Signup and view all the answers
Which of the following accurately reflects the framework of carriage of goods law?
Which of the following accurately reflects the framework of carriage of goods law?
Signup and view all the answers
What does the Railways Act 1991 provide for in relation to rail haulage?
What does the Railways Act 1991 provide for in relation to rail haulage?
Signup and view all the answers
What distinguishes the Carriage of Goods by Sea Act from other transport regulations in Malaysia?
What distinguishes the Carriage of Goods by Sea Act from other transport regulations in Malaysia?
Signup and view all the answers
What does liability in the context of carriage of goods refer to?
What does liability in the context of carriage of goods refer to?
Signup and view all the answers
Which of the following best defines breach of contract in the carriage of goods?
Which of the following best defines breach of contract in the carriage of goods?
Signup and view all the answers
What is the main difference between domestic and international carriage of goods?
What is the main difference between domestic and international carriage of goods?
Signup and view all the answers
Which of the following terms relates to events that might excuse a carrier from liability?
Which of the following terms relates to events that might excuse a carrier from liability?
Signup and view all the answers
Which type of law varies from country to country and regulates domestic carriage of goods?
Which type of law varies from country to country and regulates domestic carriage of goods?
Signup and view all the answers
What does damages refer to in the context of carriage of goods?
What does damages refer to in the context of carriage of goods?
Signup and view all the answers
Which vehicle is NOT typically used in land transport for carrying goods?
Which vehicle is NOT typically used in land transport for carrying goods?
Signup and view all the answers
Which of the following is NOT a key legal concept related to carriage of goods?
Which of the following is NOT a key legal concept related to carriage of goods?
Signup and view all the answers
What is the primary responsibility of the carrier during transportation?
What is the primary responsibility of the carrier during transportation?
Signup and view all the answers
Which convention regulates the carriage of goods by sea?
Which convention regulates the carriage of goods by sea?
Signup and view all the answers
Who is responsible for delivering goods to the carrier?
Who is responsible for delivering goods to the carrier?
Signup and view all the answers
What must the shipper disclose to the carrier before transportation?
What must the shipper disclose to the carrier before transportation?
Signup and view all the answers
What does the consignee need to do upon discovering damage to the goods?
What does the consignee need to do upon discovering damage to the goods?
Signup and view all the answers
Which of the following parties may be held liable for loss of goods during transportation?
Which of the following parties may be held liable for loss of goods during transportation?
Signup and view all the answers
In what situation might the carrier not be held liable for damage to goods?
In what situation might the carrier not be held liable for damage to goods?
Signup and view all the answers
What is the role of a trucking company in the context of shipping goods?
What is the role of a trucking company in the context of shipping goods?
Signup and view all the answers
Study Notes
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers key concepts from the GLUE 3073 course on the international and domestic carriage of goods. Understand definitions, parties involved, and modes of transport essential for legal considerations in logistics. Test your knowledge on responsibilities and challenges in the transportation of various types of goods.
