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Legal Case Study

1859 words - 7 pages

Legal Case Study This case is about the disagreement between Simpsons Ltd v Thowers
Ltd. The carrier’s liabilities will be discussed in three parts,
firstly to resolve the problem, I am going to give a short description
of the main components of the contract of carriage of goods by sea Act
1971, secondly I will decide which of the Hague Visby rules or the
Common law is applicable, and to finish I am going to apply the rules
in looking for the liabilities of the carrier by searching the duties
and the defences of the carrier for each good.

I) What is the contract “Carriage of Goods by Sea?”

Firstly, we have to check whether the case is governed by “the
carriage of goods by sea”, or not and Secondly, whether Simpsons and
Thowers satisfy all the conditions of Carriage of Goods by Sea. When
we are looking at the definition of the contract, the contract
stipulates that:

( JCT Chuah, 7-01, p201)

* The contract of carriage must be covered by a bill of lading or
any similar document of title.

* The carriage of goods is from a port in a contracting state.

In the case, we know that the contract was covered by two bills of
lading. They used one bill of lading for each product. The damage
happened during the carrying which means during the application of the
Act. As a consequence, the Carriage of Goods by Sea Act 1971 does
apply.

In the second part, we will see if the Hague Visby rules apply in the
carriage of Goods by Sea.

II) Do Hague Visby rules apply as contained in the carriage of Goods
by Sea Act 1971?

A) Conditions of the application Hague Visby rules.

The Hague Visby rules do apply if :

Art 1 (Carriage of Goods by Sea Act 1971)

* The contract is based on a bill of lading or any other document of
title.

* Carriage of Goods by Sea is between ports in two different states.

* The goods are not live animals

* If the contract of carriage stated as being carried on deck and is
so carried.

B) Effect of the exclusion clause

In the case, one clause could put in balance the use of the Hague
Visby rules. In fact it is on the first bill of lading “ five
containers containing engine parts, liberty to carry on deck”, we have
to check if the shipper could carry on deck or not.

The case Simpsons v Thowers complete the first three obligations if we
want Hague Visby rules apply. In fact, the contract is regulated by a
bill of lading, which has been signed in two parts from contracting
states and the goods capacity conform with the law (no live animals or
dangerous goods). There are engine parts and 1,000...

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