《PAYNE AND IVAMT'S CARRIAGE OF GOODS BY SEA ELEVENTH EDITION》

CHAPTER 1.-COMMERCIAL PRACTICE1

CHAPTER 2.-CHARTER-PARTIES9

THE TYPES OF CHARTER-PARTY9

VOYAGE CHARTER-PARTIES11

The principal clauses in voyage charter-parties11

Implied undertakings in voyage charter-parties13

(A)On the part of the shipowner14

(1) Seaworthiness14

(2) Reasonable despatch19

(3) No deviation20

(B) On the part of the charterer not to ship dangerous goods23

TIME CHARTER-PARTIES25

(A) The principal clauses in time charter-parties25

Delivery27

Seaworthiness of vessel27

Vessel's speed28

Use of safe ports only29

Trading limits31

Detention of vessel32

Maintenance of vessel in an efficient state32

The payment of hire33

Right of withdrawal35

The "off-hire" clause36

The "employment and indemnity" clause39

Excepted perils42

Careless loading or discharge43

War clause44

Redelivery44

Arbitration clause47

(B)Implied undertakings in time charter-parties48

REPRESENTATIONS,CONDITIONS AND WARRANTIES48

The legal effect49

Is the term a condition or a warranty?50

Waiver of breach of condition52

FRUSTRATION OF A CHARTER-PARTY53

Causes giving rise to frustration53

Effect of frustration59

RELEASE OF ONE PARTY FROM HIS OBLIGATIONS60

THE UNFAIR CONTRACTS TERMS ACT 197761

CHAPTER 3.-BILLS OF LADING62

THE FUNCTIONS OF A BILL OF LADING62

(1)Evidence of the contract63

(2) The bill of lading as a receipt64

(3) The bill of lading as a document of title72

INTERNATIONAL CONVENTIONS73

The various conventions73

Interpretation of the rules74

THE CARRIAGE OF GOODS BY SEA ACT 197174

THE HAMBURG RULES84

SOME USUAL CLAUSES IN BILLS OF LADING89

IMPLIED UNDERTAKINGS IN BILLS OF LADING90

(A)On the part of the shipowner90

(B) On the part of the shipper98

TRANSFER OF RIGHTS AND LIABILITIES UNDER A BILL OF LADING99

The contract transferred100

Passing of the property in the goods101

Preservation of shipowner's right to freight104

Preservation of shipper's right of stoppage in transitu104

Effect of subsequent re-indorsement107

THE UNFAIR CONTRACTS TERMS ACT 1977107

COMPARISON OF BILL OF LADING WITH MATE'S RECEIPT107

CHAPTER 4.-THE CONSTRUCTION OF CHARTER-PARTIES AND BILLS OF LADING109

SOME RULES OF CONSTRUCTION109

THE EVIDENCE WHICH IS ADMISSIBLE113

THE CONFLICT OF LAWS115

CHAPTER 5.-THE PRELIMINARY VOYAGE118

The undertaking to proceed to the port of loading118

Cancelling clauses119

The application and scope of exception clauses120

Frustration of the preliminary voyage121

CHAPTER 6.-LOADING,DISCHARGE AND DELIVERY122

LOADING122

The duties of the shipowner122

The duties of the charterer124

DISCHARGE131

Naming the port of discharge131

What constitutes a "safe port"133

"Or so near thereto as she may safely get"135

Damage caused by entering unsafe port137

Notice of readiness to discharge137

Discharging in the stipulated time138

Cost of discharging138

"Seaworthy trim"139

DELIVERY139

Where delivery must be made139

Production of bill of lading by consignee140

Delivery to consignee personally141

Apportionment of cargo142

Landing and warehousing unclaimed goods143

The cessation of the shipowner's responsibility143

The measure of damages144

Limitation of liability146

Time for bringing claims147

CHAPTER 7.-THE EXCLUSION AND LIMITATION OF A SHIPOWNER'S LIABILITY153

THE EXCLUSION OF LIABILITY153

(A)At Common Law153

(B) By the express terms of the contract155

(C) By statute167

THE LIMITATION OF LIABILITY176

(A)By the terms of the contract176

(B) By statute179

CHAPTER 8.-THE MASTER185

THE DUTIES OF THE MASTER185

At Common Law185

By statute186

THE AUTHORITY OF THE MASTER187

His authority in ordinary circumstances187

His authority in extraordinary circumstances190

CHAPTER 9.-GENERAL AVERAGE195

PARTICULAR AND GENERAL AVERAGE195

GENERAL AVERAGE SACRIFICE202

GENERAL AVERAGE EXPENDITURE205

DAMAGE DONE TO PROPERTY OF THIRD PARTIES209

ADJUSTMENT OF GENERAL AVERAGE CONTRIBUTION209

CHAPTER 10.-DEMURRAGE AND DESPATCH MONEY211

(A)DEMURRAGE211

THE DIFFERENCE BETWEEN DEMURRAGE AND DAMAGES FOR DETENTION211

THE NUMBER OF LAY DAYS212

COMMENCEMENT OF THE LAY DAYS214

(1)An "arrived ship"215

(2) Ready to load or discharge217

(3) Notice of readiness219

EFFECT OF LAY TIME NOT BEING FIXED220

EFFECT OF LAY TIME BEING FIXED220

(1)Fault of the shipowner221

(2) Exceptions clause in charterer's favour221

THE COMPLETION OF THE LOADING223

RATE OF DEMURRAGE225

BY WHOM DEMURRAGE IS PAYABLE225

(B) DESPATCH MONEY228

CHAPTER 11.-FREIGHT229

THE DIFFERENT TYPES OF FREIGHT229

(1)Freight payable on delivery229

(2) Lump sum freight233

(3) Advance freight234

(4) Pro rata freight236

(5) Back freight237

(6) Dead freight238

BY WHOM FREIGHT IS PAYABLE238

(1)The shipper of the goods239

(2) The consignee or indorsee of the bill of lading239

(3) A seller who stops the goods in transitu240

(4) The charterer240

TO WHOM FREICHT IS PAYABLE241

CHAPTER 12.-LIENS243

LIENS AT COMMON LAY243

(1)The shipowner's lien243

(2) The broker's lien244

LIENS BY EXPRESS AGREEMENT245

MARITIME LIENS246

CHAPTER 13.-CARRIAGE OF GOODS BY HOVERCRAFT251

(1)Application of the Carriage of Goods by Sea Act 1971251

(2) Application of the Merchant Shipping Act 1894 and the Merchant Shipping(Liability of Shipowners and Others)Act 1958251

(3) Application of the Crown Proceedings Act 1947252

(4) Application of the Maritime Conventions Act 1911253

APPENDLX A255

SPECIMEN BILL OF LADING255

APPENDLX B257

SPECIMEN CHARTER-PARTIES257

APPENDLX C267

BILLS OF LADING ACT 1855267

APPENDIX D268

MERCHANT SHIPPING ACT 1894268

MERCHANT SHIPPING(LIABILITY OF SHIPOWNERS AND OTHERS)ACT 1900275

APPENDLX E276

CARRIAGE OF GOODS BY SEA ACT 1971276

APPENDLX F286

COUNTRIES WHICH ARE PARTIES TO THE HAGUE RULES,AS AMENDED286

APPENDIX G287

THE YORK-ANTWERP RULES 1974287

APPENDIX H294

THE HAMBURG RULES294