Here is the synopsis of our sample research paper on Ownership, Risk And Title To Sue With Respect To The Carriage Of Goods By Sea - The Case of the UK. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 52 page paper (not including the table of contents) examines the positions of ownership risk and title under English Shipping law. The paper starts with by examining the purpose of the bill of lading before considering the current legislation under which action may be taken, including the Carriage of Goods by Sea Act 1992 and the Sale of Goods Act 1979. The paper then looks at who can be sued and who can sue. The last two sections then move onto the terms and conditions and how contracts may be classified first looking at CIF and FOB contracts and then the role that INCOTERMS can play in clarifying contracts. The bibliography sites 50 sources.
Page Count:
52 pages (~225 words per page)
File: TS14_TEshipsue.rtf
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Unformatted sample text from the term paper:
Title 5 2.1.2 Receipt for the Carrier 10 2.1.3 Apparent Condition of Goods 10 2.1.4 As Evidence of Contract Terms 11 2.1.5 Transferring Contract Rights 12 2.2 The Duties of the Seller 13 3. THE CURRENT LEGAL POSITION 16 3.1 Sale of Goods Act
1979 16 3.2 Carriage by Sea Act 1992 19 3.2.1 The Berge Sisar 20 3.3 Contracts (Rights of Third Parties) Act of 1999 22 4. WHO CAN SUE AND BE SUED? 25 4.1 Contractual Rights Under the Carriage by Sea
Act 1992 27 4.2 Sea Waybills 30 4.3 Ship Delivery Orders 32 4.4 Contractual Liabilities 33 4.5 Implied Contracts 34 4.6 Tort Claims 34 5. CIF AND FOB 36 6. INCOTERMS 46 7. CONCLUSION 53 REFERENCES 54
1. Introduction International trade
has been increasing for many years. The regulation of trade undertaken in this manner has changed greatly over the centuries. Initially traders would travel with their goods selling them on
the dockside or travelling inland. The contract was simple, and completion was direct . As trade increased merchants began to send goods without accompanying them, this increased the levels
of trade they could undertake, facilitated by larger boats and increase consumer demands and attractive due to the higher potential profits. The move to non accompanied goods was also
one that has created increased complexities with reference to the contract of sale and those who can take actions. Different contracts exist with reference to the time that transfer of
title and ownership takes place. This paper will ok at the issue ownership, risk and title to sue with respect to the carriage of goods by sea - the
perspective of a UK lawyer acting on behalf of cargo interests. The issue is often not straightforward as there is the need to identify which parities can take actions against
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