Shipping Law

SHIPPING LAW
Fourth Edition
Shipping Law covers the whole spectrum of English shipping law. It takes a structured and integrated approach to the highly specialised rules of shipping, which are placed in their commercial context and related to the general principles of English contract and tort law. The fourth edition has been expanded in many areas, to take into account developments such asthe 2007 Wreck Removal Convention and the Rotterdam Rules. In-depth analysis is provided of recent important judicial decisions, such as that of the European Court of Justice in Owusu v Jackson, those of the House of Lords in The Jordan II, The Achilleas, The Rafaela S and The Golden Victory, and those of the Court of Appeal in The CMA Djakarta and The Tropical Reefer. This book provides aninvaluable source of reference on the subject, and will be of use both to students and to those in practice. Updates to the book will be posted periodically on the book’s companion website, which can be accessed at: www.routledgelaw.com/9780415487191 Simon Baughen is a Reader in Law at the University of Bristol.

SHIPPING LAW
Fourth Edition

Simon Baughen, MA Solicitor, Reader in Law University ofBristol

Fourth edition published 2009 by Routledge-Cavendish 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge-Cavendish 270 Madison Ave, New York, NY 10016 This edition published in the Taylor & Francis e-Library, 2009. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooksplease go to www.eBookstore.tandf.co.uk. Routledge-Cavendish is an imprint of the Taylor & Francis Group, an informa business © 1998, 2009 Simon Baughen Previous editions published by Cavendish Publishing Limited First edition 1998 Second edition 2001 Third edition 2004 All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical,or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Baughen, Simon. Shipping law / [SimonBaughen].—4th ed. p. cm. Includes bibliographical references and index. 1. Maritime law—Great Britain. I. Title. KD1819.B38 2009 343.4109′6—dc22 2008053328
ISBN 0-203-87682-2 Master e-book ISBN

ISBN10: 0–415–48718–8 (hbk) ISBN10: 0–415–48719–6 (pbk) ISBN10: 0–203–87682–2 (eBook) ISBN13: 978–0–415–48718–4 (hbk) ISBN13: 978–0–415–48719–1 (pbk) ISBN13: 978–0–203–87682–4 (eBook)

CONTENTSPreface to the Fourth Edition Acknowledgements Table of Cases Table of Statutes Table of Statutory Instruments Table of International Conventions Abbreviations Glossary PART I DRY SHIPPING 1 THE COMMERCIAL BACKGROUND INTERNATIONAL SALES OF GOODS Payment against documents Transfer of risk on loading THE FOUR FUNCTIONS OF THE BILL OF LADING Receipt Document transferring constructive possession Document oftitle A potentially transferable carriage contract CONTRACTS OF CARRIAGE The bill of lading The voyage charterparty Contracts for the use of the vessel – time charters MODIFICATIONS TO THE TRADITIONAL CARRIAGE CONTRACT MODEL Use of documents other than the bill of lading Implied contracts Expansion of the contractual service from pure sea carriage Containerisation THE CARGO CLAIM ENQUIRY Does theclaimant have title to sue the defendant? If the claimant does have title to sue, can it bring an action against the defendant in the English courts? Has the loss or damage occurred during the period for which the carrier was responsible for the goods?

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Shipping Law If loss is established...