This 10 page paper is a UK shipping law paper considering a case provided by the student. VBeem have bought goods from Chopstix in Hong Kong who arrange for the carriage. The goods are spoilt in transit and VBeen want to take action against the carrier, but the bill of lading states that will not accept responsibility to third parties. The paper consider the case looking at the bill of lading, Carriage of Goods by Sea Act 1992 and bailment. The bibliography cites 14 sources.
Name of Research Paper File: TS14_TEVBeem.rtf
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need to be sipped at a temperature of below 17 degrees. VBeen want to take action as it looks like the cause of the damage to the goods was due
to incorrect handling and holding at the wring temperature on the ship. In the bill of lading it appears that Hasslefree Transport
want to limit their liability to the buyer as they have made the contract will the seller. The bill of lading states "When acting as Agent the Hasslefree Transporters does
not make or purport to make any contract with the customer for the carriage, storage, packing or handling of any goods nor for any other physical service in relation to
them .....". If we look a the case we can advise VBeen. In a bill of lading can be broken down into five sections the two main areas for
this case are the evidence the apparent condition of the merchandise as well as the document evidencing the terms of the contract for carriage and is a tool by which
the transfer of liabilities and rights can take place (White and Bradgate, 1993). However, it should be noted that the bill of lading itself is not a contract itself, as
seen with the case of Swewell v Burdick (1884) 10 App Cas 74 and also The Ardennes [1951] 1 KB 55 (Goode, 2000, Debattista, 1982). We will look at these
individually. The bill of lading is not a contract as such the clauses cannot be seen as contractual terms (Goode, 2000). Where
the bill of lading states that the goods were shipped in good conditions. These details should be sorted out prior to the shipping of the goods (Debattista , 1982).
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