final deakin university ppt
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HAGUEHAGUE-VISBYAND HAMBURG RULES
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INTRODUCTION
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An international sale transaction is in essence a sale of goods
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What is its special feature? Seller and buyer in different countries
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Contract of sale Contract of carriage Banking contractsInsurance contractDispute resolution
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INTERNATIONAL CARRIAGE RoadRailAirSeaMultimodal
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CARRIAGE OF GOODS BY SEAINTERNATIONAL CONVENTIONS Hague RulesHague-Visby RulesHamburg Rules
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HAGUE RULES
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Liability of the carrier under Common Law Strict Insurer Whether negligent or not
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Freedom of contract Contracted out of his liabilities and responsibilities Only liability was liability to receive freight
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Demand for a law to restrict the freedom of the carrier to contract out of his minimum liabilities in 19th century UK USA Harter Act, 1893Australia, 1904Canada, 1910New Zealand, 1914
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Demand for unification/harmonization Hague Rules or Brussels Convention of 1924Hague-Visby Rules, 1968 amending the Hague unit of liabilityBrussels Protocol of 1979 amending the Hague-Visby unit of liability Hamburg Rules, 1978
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COMPARISON OF HAGUE, HAGUE-VISBY AND HAMBURG RULES
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SCOPE OF APPLICATION Bills of ladingOutward bills of ladingDeck cargoLive animals
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CARRIERS BASIC RESPONSIBILITY Hague and Hague-Visby RulesSea worthy vessel Care of cargo subject to a list of 17 exemptions Hamburg RulesGeneral duty of care while goods are in charge of carrier 1
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CONTRACTUAL AND ACTUAL CARRIER
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PERIOD OF RESPONSIBILITY Hague RulesTackle-to-tackle liabilityHague-Visby RulesTackle-to-tackle liabilityHamburg RulesWhile the goods are in his charge
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DELAY IN DELIVERY Hague RulesImplied Hague-Visby RulesImplied Hamburg RulesExpress Consignee entitled to treat the goods as lost if not delivered within 60 consecutive days
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LIMITS OF LIABILITY Hague Rules100 pounds per packageHague-Visby Rules10,000 francs Poincare per package or 30 francs per kilogramme of gross weight, whichever is higher Brussels Protocol, 1979666.67 SDR or 2 SDR Hamburg Rules835 SDR or 2.5 SDR
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INTERPRETATIONAL PROBLEMS What is a package? Case law Gulf Italia S. S. Navigator Island Yacht Inc. Pacific BearWhether container is a package?Case law Leathers Best Royal Typewriter TindefjellClarification in Hague-Visby and Hamburg Rules Bill of lading must state that the container contains n number of packages
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NOTICE OF LOSS Hague RulesNotice at time of removal of goods if loss is apparent and within 3 days if loss is not apparent Hague-Visby RulesSame as Hague Rules Hamburg RulesNotice on next working day if loss is apparent and within 15 consecutive days if loss is not apparent
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LIMITATION OF ACTION Hague Rules1 year Hague-Visby Rules1 year but this period can be extended Hamburg Rules2 years and can be extended by declaration or declarations
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JURISDICTION
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ARBITRATION