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Freight transport, also referred as freight forwarding, is the physical process of transporting commodities and merchandise goods and cargo. The term shipping originally referred to transport by sea but in American English, it has been extended to refer to transport by land or air as well. "Logistics", a term borrowed from the military environment, is also used in the same sense.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
Sir Richard Grenville, also spelt Greynvile, Greeneville, and Greenfield, was an English privateer and explorer. Grenville was lord of the manors of Stowe, Cornwall and Bideford, Devon. He subsequently participated in the plantations of Ireland specifically the Munster plantations, the English colonisation of the Americas and the repulse of the Spanish Armada.
FOB is a term in international commercial law specifying at what point respective obligations, costs, and risk involved in the delivery of goods shift from the seller to the buyer under the Incoterms standard published by the International Chamber of Commerce. FOB is only used in non-containerized sea freight or inland waterway transport. As with all Incoterms, FOB does not define the point at which ownership of the goods is transferred.
Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law. The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it.
Marine insurance covers the physical loss or damage of ships, cargo, terminals, and any transport by which the property is transferred, acquired, or held between the points of origin and the final destination. Cargo insurance is the sub-branch of marine insurance, though marine insurance also includes onshore and offshore exposed property,, hull, marine casualty, and marine losses. When goods are transported by mail or courier or related post, shipping insurance is used instead.
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd[1942] UKHL 4 is a leading House of Lords decision on the doctrine of frustration in English contract law.
A maritime lien, in English and US law and elsewhere, is a specific aspect of admiralty law concerning a claim against a ship for services rendered to it or injury caused by it.
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924.
Affreightment is a legal term relating to shipping.
Baltic Shipping Company v Dillon, the Mikhail Lermontov case, is a leading Australian contract law case, on the incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment.
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 [1961] EWCA Civ 7 is a landmark English contract law case. It introduced the concept of innominate terms, a category between "warranties" and "conditions".
Cutter v Powell (1795) 101 ER 573 is an English contract law case, concerning substantial performance of a contract.
Bunkering is the supplying of fuel for use by ships, including the logistics of loading and distributing the fuel among available shipboard tanks. A person dealing in trade of bunker (fuel) is called a bunker trader.
Jackson v Union Marine Insurance (1874) 10 Common Pleas 125 is an early English contract law case concerning the right to terminate an agreement.
The doctrine of deviation is a particular aspect of contracts of carriage of goods by sea. A deviation is a departure from the "agreed route" or the "usual route", and it can amount to a serious breach of contract.
Harris v. Watson was a 1791 case regarding sailors' wages.
A bill of lading is a document issued by a carrier to acknowledge receipt of cargo for shipment. Although the term is historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order.
The history of contract law dates back to ancient civilizations and the development of contract law has been heavily influenced by Ancient Greek and Roman thought. There have been further significant developments in contract law during and since the Middle Ages and especially with the development of global trade.
Seaworthiness is a concept that runs through maritime law in at least four contractual relationships. In a marine insurance voyage policy, the assured warrants that the vessel is seaworthy. A carrier of goods by sea owes a duty to a shipper of cargo that the vessel is seaworthy at the start of the voyage. A shipowner warrants to a charterer that the vessel under charter is seaworthy; and similarly, a shipbuilder warrants that the vessel under construction will be seaworthy.
References
- ↑ James Oldham,English Common Law in the Age of Mansfield(Univ of North Carolina Press, 2004 ).
- ↑ Willem Theo Oosterveld, The Law of Nations in Early American Foreign Policy: Theory and Practice from the Revolution to the Monroe Doctrine (BRILL, 13 Nov. 2015) p47.
- ↑ Bridget Murphy, "Luke v Lyde - An Analysis" [2003] 9(4).
- ↑ Bridget Murphy, "Luke v Lyde - An Analysis" [2003] Auckland University Law Review 9(4).
- ↑ Bridget Murphy, "Luke v Lyde - An Analysis" [2003] Auckland University Law Review 9(4).
- ↑ Anthony Morrison, Places of Refuge for Ships in Distress (Martinus Nijhoff Publishers, 8 Jun. 2012) p 81.
- ↑ Chief Justice James Allsop , Comity and Commerce, Digital Law Library.
- ↑ See also Abthony H. Angelo, Boris Kozolchyk, Peter Ellinger, Jacob S. Ziegel, Werner Pfennigstorf, Wernhard Möschel, International Encyclopedia of Comparative Law, Volume 17, Part 25 (Brill Archive, 1990) p47.