Carriageofgoodbysea 121110020207 Phpapp02
Carriageofgoodbysea 121110020207 Phpapp02
Carriageofgoodbysea 121110020207 Phpapp02
By:
Sulaiman Olanrewaju Oladokun
ELEMENTS OF MARITIME LAW
• LABOUR LAW
• SOLAS
• STCW
• MARPOL
• CLASSIFICATION SOCIETY
• MARINE SAFETY
• CARRIAGE OF GOOD
OBJECTIVES
Familiarization of marine engineers to areas
of Maritime law relating to Cargo
Documentation in the carriage of good by
Specific-
LIABILITY ISSUES
• A concept known as limitation of liability arises often in
maritime law.
• This is where a ship owner or vessel owner seeks to limit
liability to the post-casualty value of the vessel following
a marine incident or accident if he or she did not have
privity and knowledge of the circumstances giving rise to
the loss.
• In other words, if the owner could show that they didn’t
have control over the elements giving rise to an accident
or other loss, they could limit their liability.
DEFINATIONS
• 1. "Carrier" means any person by whom or in whose
name a contract of carriage of goods by sea has been
concluded with a shipper.
• 2. "Actual carrier" means any person to whom the
performance of the carriage of the goods, or of part of
the carriage, has been entrusted by the carrier, and
includes any other person to whom such performance
has been entrusted.
• 3. "Shipper" means any person by whom or in whose
name or on whose behalf a contract of carriage of goods
by sea has been concluded with a carrier, or any person
by whom or in whose name or on whose behalf the
goods are actually delivered to the carrier in relation to
the contract of carriage by sea.
• 4. "Consignee" means the person entitled to take
delivery of the goods.
DEFINATIONS
• 5. "Goods" includes live animals; where the goods are
consolidated in a container, pallet or similar article of transport
or where they are packed, goods includes such article of
transport or packaging if supplied by the shipper.
1) CARGO PLAN
2) CARGO MANIFEST
3) MATE RECEIPT
4) BILL OF LADEN
5) WAYBILLS
6) LETTER OF INDEMNITY
CARGO PLAN
The purpose of cargo planning and plans is to facilitate the
following:
• Order of gangs
• Discharge of equipment
• Stability and trim calculation
• Heavy lift equipment
• Optional cargo operations
• Fire fighting
• Ship layout
• Port stay
• OTHERS- COGSA
SCOPE OF HAMBURG RULE
1. The provisions of this Convention are applicable to all contracts
of carriage by sea between two different States, if:
Obligation of ship-owner:
• Seaworthy ship
• Reasonable Unjustifiable deviation
• Carry goods dispatch
• to their destination
• Procure cargo
• Ensure that Cargo is not dangerous
• Bring cargo alongside the vessel
• Load a full and complete cargo
• Load in the time stipulated
• Name a safe port if not given in the charter party
• Pay the freight
TIME CHARTER
• Where manned and equipped ship is provided including:
Obligation of ship-owner:
• Utilize vessel within safe port only “ where she can safely lie always afloat”
• Comply with agreed trading limits
• Not ship dangerous cargo unless specifies
• Pay the charter hire
• Deliver the ship in the same condition as it was delievered – fear wear and
tear is excepted.
DEMISE OR BARE BOAT CHARTER
• Where only equipped ship is provided including:
Obligation of ship-owner: