[Implied Obligation of the Parties under International Trade Sale, Carriage of Good by Sea, Charter Party, Sale Contract]

By

TABLE OF CONTENTS

CHAPTER 1: INTRODUCTION3

Introduction3

Background of Study5

Research Aims & Objectives6

CHAPTER 2: LITERATURE REVIEW7

Rights of a Common Carrier7

Liabilities of a Common Carrier7

Carriage Of Goods By Sea9

Types of Freight10

The Carrier's (Implied) Responsibilities under a Bill Of Lading11

Seaworthiness11

Deviation13

CHAPTER 3: METHODOLOGY15

Research Methodology15

Qualitative sampling15

Date Collections16

REFERENCES17

CHAPTER 1: INTRODUCTION

Introduction

The carriage of goods means the transportation of goods from one place to another within the country or from one country to another. The transportation of goods plays an important role in commercial transactions, and consequently in the economic development of a country. The law relating to carriage of goods is therefore, of great significance. There are three persons involved in cases of carriage of goods. They are:-

1) Carrier

2) Consignor or shipper

3) Consignee

In spite of recent developments in other forms of transport carriage by sea remains the most usual way of transporting goods overseas. In terms of the weight, well over 90% of goods are so carried. Sea transit may last for several weeks during which the goods will be subject to the dangers inherent in the sea transit.

Definition of a contract of carriage:-A contract of carriage of goods is a contract of bailment for reward. It may however, be noted that a contract of carriage is not an ordinary contract of bailment. It is something more than that because the liabilities of the carrier (i.e. the person transporting the goods) are more than those of the bailee.

There are three persons involved in a contract of carriage. They are:-

Carrier: A person who undertakes (i.e. agrees) to transport the goods, is called a carrier (or carrier of goods).

Consignor or shipper: A person, who delivers the goods to the carrier for transportation, is called a consignor or shipper.

Consignee: A person to whom the goods are addressed and to whom the carrier should deliver the goods is called a consignee.

Kinds of Carriers: The carriers may be classified into two types:-

i) Common carriers

ii) Private carriers

Common carriers: - A common carrier is one who is engaged in the regular business of transportation of goods, and undertakes for hire, to transport the goods of any person who chooses to employ him. The term “common carrier “is defined as:

“Common carrier denotes a person, other than the Government, engaged in the business of transporting for hire, property from place to place, by land or inland navigation, for all persons indiscriminately. Persons include any association or body of persons whether incorporated or not.

Background of Study

Carriage is simply the transportation of goods/cargo from one location to another. It involves loading, stowage, transportation, unloading and delivery. In the commercial life of any country, the need for carrying goods from one place to another cannot be over emphasized. Also, goods are to be moved from one country to another. For these purposes, a contract of carriage is to be entered into. The persons, organizations or associations which carry goods are known as carriers. It is the normal, indeed crucial, incident to the contract of ...