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Business and law for the mariner

   The present title was prepared by a seafarer specifically for seafarers, in order to assist in their studies of the various types of maritime law. It has been designed to provide all students with some kind of awareness of the maritime law in general; in addition to that, the author tried to give deeper knowledge in various specific areas in which ship Master's knowledge is expected. It took several years to write this book because the legislation keeps changing all the time. It shall be noted that the book is primarily intended not to the students of law but to the mariners. Nowadays, the importance for the mariners to have a good understanding of the maritime law is obvious. The publication is divided by the author into twelve major sections. The opening section provides some introductory info on the maritime law; the second section mainly addresses international marine conventions, classification rules and other related items. This section is followed by the one covering port activities. The other sections deal with the commerce, matters related to the salvage and towage, marine insurance, further legislation including ISM, ISPS, risk assessment, employment at sea and associated employment law, engaging seamen, repatriation-related issues, and safe manning of the vessels.

Category: SHIPPING LAW | Views: 1106 | | Comments (0)

Ship Arrests in Practice

   The very latest tenth edition of the publication issued this year and incorporating eighty-six jurisdictions. This document was intended to provide all interested parties with the guidance through the commonly known issues that usually arise from the arrest of the marine vessel and to offer them all information required to unravel the procedures in eighty-six countries of the world. This paper has become a must-have one for the maritime industry of today. It is annually updated and revised in order to continue serving as a very handy reference tool to assist the shipping community in proper understanding of the applicable procedures as well as the associated practical matters arising from the arrest/release of a vessel all around the world. The ultimate aim of the network is to defend the interest of the ship owners and crew members in any procedures relating to the ship arrest. The book contains a very practical ship arrest questionnaire providing immediate answers to the most common questions related to the arrest and release procedures, claims, applicable laws etc. Then, the procedures in each of the eighty-six countries are described - from Algeria to Vietnam. The appendices contain the articles of the 1952, convention on the arrest of sea-going ships, 1999 convention on arrest of ships, unification of certain rules of law related to liens and mortgages 1926, and 1993 convention on maritime liens and mortgages...

Category: SHIPPING LAW | Views: 398 | | Comments (0)

The Law of the Sea Convention - US Accession and Globalization

   This volume was prepared with the intention of the authors to provide valuable insight into a number of issues related to the world's oceans and their management. The book has been organized into two big sections. The first one contains the findings of the hi-end industry experts addressing the fact that US is not a Party to the UNCLOS. In the second part of the publication the authors examine the key trens in contemporary commercial shipping, safety and navigational freedom, maritime piracy and terrorism threats, rocks and islands, scientific researches, etc. It is definitely a very useful publication for the industry professionals as well as for students and any persons involved in shipping law activities.

Category: SHIPPING LAW | Views: 623 | | Comments (0)

Routledge Handbook of Maritime Regulation and Enforcement

   We all understand that today, with the significant and sometimes revolutionary advances in maritime transport and technology, the use of the world oceans by humans extends so far beyond the traditional activities. There are new emerging activities, such as oil exploration and production, bioprospecting, developments of the offshore renewable energy and others, and such activities challenge the applicability of the existing maritime policy and law. The present Handbook was developed and released by Routledge with the intention to examine the current regulatory and enforcement instruments/mechanisms applicable to the various sectors of maritime activity. It is a very comprehensive reference and it will be of great interest and use to students of maritime law, practicioners and even non-lawyers willing to deepen their knowledge of the offshore areas regulation.

Category: SHIPPING LAW | Views: 640 | | Comments (0)

The Law of Yachts and Yachting

   The publication presented to your attention is the first detailed and comprehensive monograph entirely dedicated to the study of the English law relating to the ownership and operation of yachts. While not focusing on the leisure market or competitive yacht racing, it is primarily intended for use by lawyers, yacht builders and brokers, researchers and others concerned with the legal aspects of the construction, operation and use of professionally crewed motor and sailing yachts: the specialist world of superyachts. Here are some of the titles of this book - Statutes -Statutory Instruments - European Legislation - International Agreements - The nature of a contract for the construction of the yach - Common terms and definitions of sale - Historical introduction - The modern law - Registration - The entitlement to Fly the British flag - Commercial use of yachts and choice of registry - VAT and EU - Commercial yachts and VAT - Zero rating - Special purpose vehicles and ownership structures - Importing superyachts into the EU - Taxes - Finance leases and their structure - Mortgages - Default and enforcement - The insurance schedules - Non-disclsure and misrepresentations - Compliance and class societies - Rights and liabilities - The MYBA Charter - The role of brokers - Marinas - Seller's and Buyer's rights and obligations - Claims...

Category: SHIPPING LAW | Views: 705 | | Comments (0)

The Limits of Maritime Jurisdiction

   The successful conclusion of the prolonged international negotiations that produced the UN Law of the Sea Convention (LOSC) in 1982 was a transformative event in the history of modern international law. That it is an agreement global in reach, rather than one of limited multilateral dimensions, is itself a feature of great historic importance. Even before its signing and formal entry into force (in 1994), subject Convention impelled an extraordinary acceleration in the pace of ocean-law development: it led to a proliferation in the types and number of marine activities and ocean resources affected by newly developed rules, large principles, and emerging aspirational understandings. Today, this very complex process continues in a robust way, as it is by the papers in this publication. The book contributes new perspectives on many vital aspects of ocean law and policy...

Category: SHIPPING LAW | Views: 736 | | Comments (0)

Equitable Principles of Maritime Boundary Delimitation - The Quest for Distributive Justice in International Law

   The intention of the Thomas Cottier, the author of this book, was to undertake a detailed analysis of the evolution of equity in the today's international law of the sea. In his publication he focused on the major aspects of the relationship of legal rules on delimitation as well as of equitable principles and all relevant factors. He explored the relationship of law and equity in several very complex individual cases and particular circumstances which could not be easily solved by any of the ready-made, fast and hard legal rules...

Category: SHIPPING LAW | Views: 545 | | Comments (0)

Principles of the Carriage of Goods by Sea

   This is one of the best books on the shipping law, it is intended to describe the basic principles of the English law of carriage of goods by sea. The publication is primarily is aimed at students, though it is not the one to be used as a reference book. The author of the book, Paul Todd, who is one of the leading experts in his field, tried to offer readers an easily accessible and comprehensive overview of the shipping law. He concentrated on the principles of the common law, and used line diagrams, case studies, sample problem questions, annotated appendices and other methods to support the material provided in this volume.

Category: SHIPPING LAW | Views: 1239 | | Comments (0)

Polar Law Textbook II

   The main objectives of the present Polar Law Textbook prepared by the Nordic Council of Ministers are to disseminate new knowledge on the topical political and legas developments in the Polar area and to promote the inter-disciplinary education, as well as strengthen cooperation within the above stated region. The author hopes that her book will provide readers with the necessary basic knowledge for the long distance courses. The book consists of the fifteen chapters covering such the important topics as geo-politics, Polar Law, environmental law, resources, climate changes etc.

Category: SHIPPING LAW | Views: 520 | | Comments (0)

The International Law of the Shipmaster

   In the shipping industry, the shipmaster is often mentioned in cases, occasionally as a party and frequently in obiter dicta and is discussed in the secondary sources and reviews; however, there are usually not too many references available to follow for interesting points. In this publication by Informa the authors have placed in a single volume a survey of the law affecting the shipmaster within the jurisdictions in which he finds himself and his vessel. Note that this volume is neither about how to be a shipmasternor about the practice of shipmastering to the highest standards - it is a book placing the shipmaster in context in law, regulation, custom, and practice domestically/internationally in the various legal domains in which he might be examined. The topics addressed in the book include the doctrines of the Law of the Shipmaster and the principal domestic laws that governing the shipmaster in the UN States and the IMO; Principal References; List of Acronyms; Charterparties; Constitutions; Maritime Statutes; Convention Codes.

Category: SHIPPING LAW | Views: 1160 | | Comments (0)

The Regulation of International Navigation through the Northern Sea Route

   Today, the natural resources of the Arctic have an increasing value for commercial use resulting from economi, social, geopolitical, industrial, technological, and climate-change factors. That is why the XXI century is often called as a "Century of the Arctic". The NSR, i.e. the Northern Sea Route, is a "national transportation route of the USSR," or "historically developed national transport communication line of the Russian Federation" as is reflected in historical Soviet and now Russian legislation. This waterway has played a crucial role in opening up the Arctic for transport and commercial opportunities. It's important role for the international shipping industry, trade and economics is is rapidly increasing. It was effected by political changes governing its use and information through history. This is evident by contrasting its period of closed access for sailing by foreign flagged vessels in the times of the Soviet Union (thereafter USSR) to it's opening for international navigation after the collapse of the USSR...

Category: SHIPPING LAW | Views: 476 | | Comments (0)

Revisions in the concept of commencement of laytime and demurrage - Laytime and Demurrage Clauses in International Sale Contracts

   Today, sea transportation plays a significant role in the international transport of raw and mineral materials, in addition to other types of goods. This is partially due to the huge distance between the supply and demand markets as well as the nature of global trade. Because of the diversity in demands in the field of carriage of goods in national and especially international markets, different types of sea transportation contracts are required to fulfil distinct demands. Generally, two different types of contracts of affreightment exist : 1) Bills of lading and 2) charterparties which are governed by a specific legal framework and different provisions. Various forms of charterparties have their own provisions, legal framework and standard forms. One of the most commonly used form of charterparties is voyage charterparty based on which the charterer charters the vessel to carry cargo from agreed port or ports to determined port or ports, hi voyage charterparty, every act which is related to management, crewing. supplying the fuel and paying for it. port charges and every other necessary issue concerning the carriage of goods by the vessel and its operation, remains in the hands of the ship-owner, in return, the charterer has the duty to pay the freight and provide the cargo based on the contract.

Category: SHIPPING LAW | Views: 574 | | Comments (0)

Commercial and Maritime Statutes

   Here is the collection of statutes released by the Informa Law from Routledge and belonging to the Maritime and Transport Law Library series - the intention of the authors of the book was to form a reference point for the maritime, insurance and commercial litigator. In total, thirty-five statutes have been included in this collection, some of them contain commentary, the lisy of key cases is also provided in order to aid readers with the proper interpretation of the statute.

Category: SHIPPING LAW | Views: 749 | | Comments (0)

International Trade Law

    Nowadays, it becomes essential to properly understand the international trade - this is very important for everyone involved in the shipping law, finance and banking. The present publication by Indira Carr offers readers a thorough analysis of all complexities of an international sale transaction through legislation, policy documents, international regulations, rules and conventions. The intention of the author was to focus on the various contractual relations that may arise as a result of the international sales of goods. Among the topics addressed in this book, are standard trade terms, issued relating to the electronic commerce, insurance and payment mechanisms, dispute resolution, corruption, unimodal and multimodal international transportation of cargo etc.

Category: SHIPPING LAW | Views: 1123 | | Comments (0)

Cases & Materials on the Carriage of Goods By Sea

   Here is the comprehensively updated edition of the Cases and Materials on the Carriage of Goods by Sea providing and up-to-date collection of necessary materials relating to the marine cargo transportation; it will definitely be of highest value to both legal practitioners of law and students. The book includes a huge collection of legislative materials and standard form contracts, covering the major areas of charterign as well as bills of lading; such matters as the exclusion and limitation of liability have also been addressed in this publication.

Category: SHIPPING LAW | Views: 1271 | | Comments (0)

Admiralty and Maritime Laws in the Mediterranean Sea (ca. 800-1050)

   The earliest maritime regulations in the Mediterranean world are thought to date back to 3000 B.C., the period during which the Old Kingdom of Egypt was established. Expanded commerce during the Early Bronze Age prompted the Pharaohs, whose authority extended beyond the coastal territories, to construct ports and shipyards to meet the demands of overseas trade. By the end of the first half of the third millennium, Egyptian ships frequented Levantine ports in the Mediterranean and the Aegean islands. Cedar and artifacts were shipped from Phoenicia and Syria, while Crete and Cyprus exported minerals. A few centuries later, merchants were transporting raw materials and finished objects such as precious stones, ivory, and rare woods from the Far and Near East to the Mediterranean area. In response to this burgeoning trade, shipwrights began building more sophisticated vessels that enabled seamen to expand their range and sail longer distances to more remote locations.' Although documented evidence of early Egyptian maritime codes has not been discovered, it is reasonable to postulate that overseas trade could not have had developed without regulations governing river and sea navigation...

Category: SHIPPING LAW | Views: 698 | | Comments (0)

The Law of Shipbuilding Contracts

   The first edition of this book was published in 1991. A copy has been on my shelves for over 20 years. Its battered cover and well-thumbed pages are the best possible testimony to the huge value that the book was to me over many years: as too have been the two later editions which are in similar condition. I have no doubt whatsoever that they have been equally invaluable to all practitioners throughout the world who are involved in legal matters concerning shipbuilding—whether in the course of negotiating a shipbuilding contract, during construction itself or in the unhappy event of dealing with disputes between builder and buyer. The legal principles applicable to shipbuilding contracts are. of course, no different from those applicable to contracts generally. However, the various wordings used in the industry and the specific features of the business of shipbuilding frequently present particular problems which require careful consideration and handling often against a background of having to give prompt advice in a difficult commercial context involving high stakes. In such circumstances, this book is a godsend. As the legal guru of shipbuilding. Simon Curtis has succeeded once again in combining his legal scholarship and immense practical experience in a clear updated text—providing a detailed analysis and comparison of the different standard form contracts (including, where appropriate, that recently published by The China Maritime Arbitration Commission) as well as identifying the problems and pitfalls and (even better) possible solutions. So I very much welcome this latest edition and I am sure that it will continue to be of great value.

Category: SHIPPING LAW | Views: 1554 | | Comments (0)

Shipping Law

   Since the publication of the fifth edition in 2011 the world of maritime law has seen a number of significant developments. The 2007 Nairobi International Convention on the Removal of Wrecks, which the UK has ratified, will come into effect on 14 April 2015. However, the 2010 HNS Convention is still to come into force and progress on the 2009 Rotterdam Rules is moving at a snail's pace with only three ratifications to date. The situation within the EU has continued to be dominated by developments in the saga of the 'Italian torpedo', where a party to an English arbitration agreement runs off to commence litigation in the courts of another EU Member State, in breach of their contractual undertaking. Following the ECJ's decision in 2009 in The Front Comor-Case C-l 85/07; [2009] 1 AC 1138-it is no longer possible to obtain an anti-suit injunction from the English courts in respect of the foreign proceedings. However, if an arbitral award is obtained and turned into a judgment under s.66 of the Arbitration Act 1996 and this happens before a judgment is given under the foreign proceedings, it may be possible to block enforcement of the foreign judgment at least in England by reference to art. 34 (3) of the Judgment Regulation. In West Tankers Inc v Allianz SpA, the shipowners obtained a final arbitration award in England declaring that they were under no liability to the insurers in respect of the collision and the Court of Appeal, [2012] 1 Lloyd's Rep. 398, upheld the decision of Field ] that the award should be converted into a judgment. Such a pre-emptive strike was successfully launched in The London Steam-Ship Owners'Mutual Insurance Association Lid vThe Kingdom of Spain,The French State (The Prestige) [2013] EWHC 3 188 (Comm); [2014] 1 Lloyd's Rep. 309, where Spain and France brought criminal proceedings in Spain against the master of the Prestige in respect of the oil spill off the coast of Galicia in 2002. Attached to these proceedings was a claim for civil compensation to which the vessel's P&I Club were joined and which claimed compensation far in excess of the shipowner's limitation figure under the 1992 CLC.The Club commenced arbitration against France and Spain and obtained an award declaring that their liability would be subject to the terms of the shipowner's insurance with the Club, including the'pay and be paid' clause. In October 2014 Hamblen J held that the award could be converted into a judgment.

Category: SHIPPING LAW | Views: 1918 | | Comments (0)

Modern Maritime Law - Volume 2 - Managing Risks and Liabilities

   It is made clear in this and in the previous editions that the price for failing to recognise and address proactively how to keep up with compliance with regulations and minimise the hazards that can lead to accidents, or disputes, could be high in terms of financial or reputational losses, business disruption and damage to commercial or client relationships. Thus, the title of this book reflects its modern perspective, and the subtitles of each volume are about, first, the risks of litigation and, second, how to manage risks and liabilities. A third volume will follow in due course to complete the series. Since the second edition, considerable case law and significant developments have taken place in jurisdictional matters and conflict of laws, including, but not limited to, the redraft of the Brussels I Regulation, which poses new thinking with regard to choice of forum agreements, arbitration and other issues. The chapters have been substantially overhauled, and a new chapter on freezing injunctions and the US Rule В Attachment has been included; the Rule В attachment is contributed by Alan Van Praag, a New York lawyer. Aside from the introductory parts on the jurisdiction of the English courts and the principles of the arrest of ships, there have been new court decisions in the areas of: sovereign immunity, stay of proceedings for breach of jurisdiction or arbitration agreements, forum non-conveniens, anti-suit injunctions, anti-arbitration injunctions, damages for breach of arbitration agreements, appeals against arbitration awards, tiered dispute resolution clauses, freezing injunctions and the US Rule В attachment, beneficial ownership and the piercing of the corporate veil, including how the law of associated ship arrest in South Africa has developed. A critical analysis of the law in relation to wrongful arrest of ships is made, and reform of the present law is proposed. Foreign case law is referred to when it is necessary to show how the law develops, in particular areas, in the other common law jurisdictions.

Category: SHIPPING LAW | Views: 1300 | | Comments (0)

Modern Maritime Law - Volume 1 - Jurisdiction and Risks

   Thinking about - let alone writing - a new edition of a legal textbook is a great burden for any author and takes a considerable span out of the writer's life for not much reward. Yet the zest and drive of any committed writer remains, and the first question is whether a new edition is necessary. Unless the law has changed to a considerable extent, there would be no point in filling up legal libraries with another volume. However, as the readers of Modern Maritime Law will witness, the insurmountable amount of new legislation, EU Directives, Regulations and IMO Conventions that have emerged, coupled with the copious case law, since 2009, has made the new edition an absolute necessity. Thus, the result is that the book is now in two volumes, owing to the increased amount of the included material and because each volume is self-contained, making it easier for readers to manage them. Apart from the fact that the book provides a cohesive overall view of aspects of maritime law - with a fairly detailed account of important decisions - and brings together the major 'Bibles' written on individual topics, Modern Maritime Law has stimulated a great interest in the subject of risk management and promoted its importance among commercial and legal professionals, as Lord Mustill had predicted in the foreword to the first edition. In the last decade or so, industry organisations, shipping companies, insurers, as well as lawyers and their professional organisations, have focused on legal, regulatory and other risk issues in a more systematic way for corporate strategies, as well as for loss prevention and dispute avoidance. Commercial people take more care to express their intention in contracts as to the allocation of risks between themselves, and the judges often try to decipher the parties' intention in terms of allocation of risks when they interpret contracts in the context of the factual matrix...

Category: SHIPPING LAW | Views: 1407 | | Comments (0)

Laytime and Demurrage

   Publication of the sixth edition is also the twenty-fifth anniversary of the publication of the first edition in 1986. The law relating to laytime and demurrage is a creation of the English common law arising from judicial decisions going back more than 200 years. The earliest case in the present edition is Wolff v. Hardcastle (1798) 1 B&P 316, a case in the section on liability for demurrage dealing with the description of a cargo consignee. The most recent is The Vine (2011) Lloyd's Rep 301, a decision from part 6 of the first volume of Lloyd's Law Reports published on 18 March 2011, relating to a delay getting into berth. Since publication of the first edition of Laytime and Demurrage, some 300 new judicial and arbitral decisions have been added. This new edition on its own adds well over 40 such decisions. The format of the book follows that adopted in previous editions. There is an important new section at the end of the first chapter tracing recent judicial thinking in relation to the construction of contractual terms, including charterparty laytime clauses, much of it led by Lord Hoffmann. It is worth at this time looking back, however, at some import milestones. The first edition of this book was the first major maritime law text book to include reports of London maritime arbitrations, brief anonymous reports of which have been published in Lloyd's Maritime Law Newsletter since that publication started its fortnightly publication in 1979. The second edition joined the third edition of Time Charters to form the foundation of the popular Lloyd's Shipping Law Library of text books. The third edition was the first major maritime law textbook to be translated into Chinese. In the preface to the fifth edition. I highlighted three areas of the law. which I hoped would receive further judicial consideration. Unfortunately none of these areas of the law have yet to come before the courts. I can therefore only hope that this will happen before publication of the seventh edition. The law is stated as at 1 April 2011.

Category: SHIPPING LAW | Views: 1596 | | Comments (0)

Maritime Diplomacy in the 21st Century - Drivers and Challenges

   Gunboat diplomacy is a term that seems most suited to a bygone era. The phrase conjures up images of European warships, sitting askance off the coast of a developing country, occasionally bombarding coastal forts in order to exact recompense. It seems to be a quasi-oxymoronic term used by powerful states to veil their bullying, imperial tactics, in an era when military inequality and insufficient international law allowed brazen acts of intimidation. This seems increasingly irrelevant as the unipolarity of the 1990s and early 2000s is ceding ground to a progressively more multipolar world, meaning that the former victims of imperialism, particularly in Asia, are now able to deal with then erstwhile colonial rulers. Yet, gunboat diplomacy is not an activity or an idea confined to history. Gunboat diplomacy has been used by both developed and developing countries in recent years. It maintains its relevance through its utility: gunboat diplomacy is a pursuit that allows actors to coerce others while avoiding large-scale conflict and its attendant costs. Recent examples abound. In December 2011 and January 2012. ban held the Velayat 90 naval exercises, which showcased a variety of naval capabilities. from anti-ship missiles to submarines. The stated intent of the exercises was to demonstrate (and therefore implicitly threaten) an ability to close the Strait of Honnuz. the world's most important maritime chokepoint. Just days later, the USS Abraham Lincoln, one of the world's largest warships, sailed through the strait flanked by American cruisers and destroyers, while a British and a French frigate also accompanied her. The transit was part of a routine rotation of a US aircraft earner in the Persian Gulf, but the international flavour of the flotilla was a strong message of unity among the Western allies in the face of overt Iranian threats...

Category: SHIPPING LAW | Views: 811 | | Comments (0)

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

   Numerous articles and books have been already written about jurisdiction and arbitration agreements. However, despite the abundance of literature, most of those books does not specifically address the maritime context. Above stated agreements are seldom juxtaposed. The author of the present book attempted to fill this collective void; there were good reasons to undertake this effort. Jurisdiction and arbitration clauses are closely connected to maritime transport documents. Maritime trade is inherently international and choice of forum agree-ments are part of every sea carnage document, and conversely, due to the sheer number of these documents, a large portion of all international choice of forum agreements is rooted in maritime contracts. Therefore, the development of a coherent system for jurisdiction and arbitration clauses in maritime transport documents is an essential element within the laraer framework of maritime trans-port and is seen as the second most important issue behind achieving realistic limits of liability." At the same time, the contours of this framework have implications beyond the maritime sector and they are likely to shape the perception of choice of forum agreements generally.

Category: SHIPPING LAW | Views: 984 | | Comments (0)

Decisions of the World Court Relevant to the UN Convention on the Law of the Sea

   This Reference Guide is the product of many years of work carried out in reliance on two inter-related premises. One of them consists of significant contributions which have been made by the International Court of Justice to the development of the law of the sea - along with the law of the United Nations, the law of human rights, the law of treaties and the environmental law - as a part of general international law and as a part of the global system of peace and security. The law of the sea related cases have continued to feature prominently in the voluminous annals of the World Court ever since the 1923 S.S. Wimbledon and the 1948-1949 Corfu Channel Judgments, which inaugurated the contentious jurisprudence of the Permanent Court of International Justice and its successor, the ICJ, respectively, by cases that arose out of incidents involving vessels and that have proven to have far-reaching implications for navigational rights and freedoms.

Category: SHIPPING LAW | Views: 758 | | Comments (0)

Force Majeure and Frustration of Contract

   With greater or lesser justification, it has been the age-old cry of businessmen that the law fails to meet the legitimate needs of commerce. In the field of frustration this is a justified complaint in the English system and in most common law systems which still adhere to its basic principles in the field of contract. As the chapter by Mr Parker demonstrates, the European Court of Justice is also oscillating in the search for an acceptable doctrine. Yet, of necessity, particularly in long term contracts, there will be changes in circumstances ranging from the minor to the most fundamental. Changes which were not in the contemplation of the drafters of the contracts and were not catered for have embroiled the courts in difficulties and, as the law reports evidence, continue to do so. It is only in relatively recent times that the English courts relented in their demand that the strict words of the contract be adhered to, notwithstanding changes in circumstance. The resulting doctrine of frustration has not worked satisfactorily. The courts found it difficult to determine its doctrinal foundation or the limits for its application. This is graphically illustrated by the first of Mr McKendrick's contributions. The statutory provisions which have attacked the problem in a piecemeal fashion are neither complete nor satisfactory. As Professor Diamond points out, the Sale of Goods Act 1979 is restrictive in its application to contracts for specific goods which perish before the risk has passed. Yet as Professor Bridge has shown, contracts for the sale of unascertained goods may also become impossible of performance owing to supervening events. The Law Reform (Frustrated Contracts) Act 1943 excludes from its coverage contracts which are addressed by section 7 of the Sale of Goods Act.

Category: SHIPPING LAW | Views: 1128 | | Comments (0)

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