Friday, February 28, 2020
Law of International Carriage of Goods by Sea Essay
Law of International Carriage of Goods by Sea - Essay Example Janetââ¬â¢s rights and TCââ¬â¢s obligations will be construed by reference to the Contracts (Rights of Third Parties) Act 1999. The 1999 Act is specifically designed to protect the rights of third parties to a contract by conferring on that third party certain enforceable rights.2 The Sale of Goods Act 1979 will also apply to Janetââ¬â¢s case. The facts of the case for discussion reveal that Susan contracted with TC by virtue of a voyage charter for the delivery of a consignment of Russian Flagship Vodka from Russia to London. The contract incorporated the Hague-Visby Rules and contained a clause against deviation from the voyage unless it was a matter of life or death. The no-deviation clause however, did not appear in the bills of lading. In any event Susan made it clear to TC that it was imperative that the consignment of vodka arrive in London as quickly as possible since she wanted to benefit from the upcoming vodka drinking summer season. This the understanding between the parties to the contract for the shipment of Vodka from Russia to the UK. The fact that a no deviation clause does not appear on the bills of lading will not function to relieve TC of an obligation to adhere to the no deviation clause in the primary contract for the transhipment of the vodka. Article III(3) of the Hague-Visby Rules delineates the primary function of the bills of lading.3 The bills of lading will generally be useful for identifying and reconciling the goods delivered with the goods dispatched. As a result the bills of lading will describe the markings and stamps on the goods at the time of loading as well as the number of ââ¬Å"packages, or the quantity or weightâ⬠of the goods at that particular time and the ââ¬Å"apparent order and condition of the goods.â⬠4 Moreover, the requirement of due diligence as contained in Article III(1) of the Hague-Visby Rules can be interpreted to include a duty of no
Tuesday, February 11, 2020
Consists of ten short-answer questions Essay Example | Topics and Well Written Essays - 1000 words
Consists of ten short-answer questions - Essay Example According to Murray (2012), examples of prewriting strategies include free-writing and brainstorming. Prewriting strategies are writing techniques used by individuals as they prepare to write a research paper, essay, or project. They are consider the preliminary stages in ascertaining and as well investigating a subject matter. In free-writing, an individual scribbles down each and every thought he or she has regarding a particular subject matter. In brainstorming, an individual recollects what he or she can remember regarding a particular subject matter in his or her mind. Subsequently, these recollections are scribbled down on a in form of a list. It is worth noting that free writing involves writing opinions that one generates in his or her mind regarding the matter in question. In this writing strategy, the correctness and precision of what is being written down is not imperative. The main objective is to generate ideas that can be useful is structuring the paper. In contrast, focused writing involves scribbling down individual thoughts centered on specific question. Though free-writing are focused writing are similar, the essayist in focused writing writes down his or her ideas focusing on a previously described or delineated project or question (Murray, 2012). A comparison and contrast paragraph elucidates the variations and correspondence among two or more subject matters. It is important to posit the fact that there is no limit to the number of variations and correspondences indicated on the paragraph. A cause-and-effect paragraph, on the other hand, is a paragraph elucidating the reasons behind a particular occurrence. This type of paragraph seeks to offer a response to issues put forward by a particular subject or mater (Murray, 2012). In other words, a cause-and-effect paragraph answers the why while a comparison and contrast paragraph explicates the
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