Carriage of Goods by Sea and Marine Insurance Assignment

Part A. Carriage of Goods by Sea

Carriage of Goods by Sea and Marine Insurance Deadline: 15th May 2021 Word Limit: 4000 words Assignment: Part A. [50% of the mark, 2000 words maximum.] Question 1 A vessel, The Lady M, is owned by a shipping company, LM Ltd. The vessel is time-chartered on long term to Great Anglia Ltd, an English company based in Norwich. In turn, Great Anglia Ltd sub-charters 3 container slots on the MV Silver Star to a retailer, Alfar Ltd, for the shipments of goods from the Port of Southampton to the Port of Singapore. Each of the three containers was stuffed with different cargoes, aiming to be sold on c.i.f terms to three individual buyers, Beth Ltd, Brown Ltd and Belma Ltd. There were three bills of lading issued by Great Anglia Ltd based in its head office in Norwich. Alfar then received three bills of lading in respect of each container, each of which stated that the goods had been shipped “in apparent good order and condition.” Also, all three bills of lading incorporate the terms from the charterparty, which contains an exemption clause stating: “The carrier shall not be liable for any loss of or damage to the goods of any kind whatsoever and however caused.” The first bill of lading is issued in respect of container (I), stamped as “one container said to contain 5000 laptops” and is signed by the master as an agent for the carrier. The consignee on this bill is claimed as “to Beth Ltd or order”. The second bill is issued with regards to container (II). The goods stuffed inside the container are frozen tuna pieces packed in bags, which are required to be kept at temperatures below -10 degree centigrade. The bill states that “weight and quantity unknown” and names the consignee as “to Brown Ltd”. Container (III) is covered under the third bill, which contains some boxes of fireworks. This bill states that “400 boxes of fireworks are shipped onboard and stowed on deck.” Beside the statement, there is a handwritten “at master’s consent”. Also, there is only “to order” on the bill, without a specific name of the consignee. The bill is then handed to Belma Ltd, who then quickly in turn sells it to Elsa Ltd and endorses the bill to her on the date of shipment. Shortly after the loading of the cargo, the vessel is grounded, which is claimed to be caused by the fierce tidal currents occurring at the loading port. Next day, the master manages to refloat the vessel by jettisoning container (III). The vessel then sails to Singapore, but unfortunately the hull of the vessel cracks during the voyage, and the master has to stop at the nearest port, Antwerp, waiting for the experts to get aboard to repair the hull. Water enters into the holds and damages container (I). Also, a crew member, lacking in experience and inadequately trained, has switched off the power generator for a short period of time by mistake. This has interrupted the refrigeration machine. In this sense, the frozen tuna is defrosted and thus damaged. Advise the different holders of the bills of lading as to their respective potential cargo claims. Part B [50% of the mark, 2000 words maximum.] Question 2 With the aid of relevant provisions of Marine Insurance Act 1906 and cases, critically discuss different types of losses falling within the scope of marine insurance contracts. *I prefer to use some books, case law, and a lot of articles. • if you want me to provide you with learning materials( which are presentations) let me know please. Format Font Size: 12 Point Font Type: Times New Roman Line Spacing: 1.5 Left and right hand margins: 1.25” Top and bottom margins: 1” Referencing Your coursework should clearly distinguish between your original words and ideas, and those of others. When referring to the work of others, from books, journals or any other source (including the internet), it is essential that you make this clear by acknowledging your source and referencing correctly. You should make use of the Oxford system of referencing, OSCOLA. Full details of its requirements can be found here: http://www.law.ox.ac.uk/publications/oscola.php . A useful short guide is here: https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreferenceguide.pdf Word limit: 4000 One of the assessment criteria for this coursework is a requirement to write to a specified word length (see below) as it is an important professional skill for any aspiring lawyer. Students should declare the word count on the first page (or cover page) of their assessed work. Note that footnotes are NOT included in the word count. Footnotes should only be used for referencing purposes and not for substantive comments or argument, and footnotes containing any additional information or discussion will not be read. The word count does NOT include the required front sheet, contents page, the bibliography or any appendices. For the avoidance of doubt, your bibliography should list/collate only the material you refer to in your substantive piece (i.e. your references); it is NOT a list of all the material you have read in order to construct your answer. Learning and Teaching Service Staff may check the accuracy of your stated word count. Students are permitted to go up to 10% over the word limit without penalty. However, the ability to write concisely is considered a key legal skill. Where a student exceeds the word limit by more than 10%, there will be a deduction of 10 marks off the original mark. In addition, the marker is only obliged to read up to the 10% limit but is not obliged to read beyond it. There shall be no deduction of marks or other penalty where an item of coursework otherwise does not meet the expected word length. However, it is important to remember that failing to provide sufficient material, producing material that lacks focus or including material that is irrelevant will probably result in a lower mark on the basis of the lack of academic merit of the work submitted. Reading list: Carriage of goods by sea • Book - by Stephen Girvin - 2011 - Core Reading Marine insurance law • Book - by Özlem Gürses - 2017 - Core Reading Carriage of goods by sea • Book - by John Furness Wilson - 2010 - Core Reading Bills of lading • Book - by Richard Aikens; Michael D. Bools – 2016 Arnould: Law of Marine Insurance and Average • Webpage - by Jonathan Gilman; Claire Blanchard; Mark Templeman; Philippa Hopkins - 02/11/2018 Principles of carriage of goods by sea • Book - by Paul Todd - 2016