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Goods in Transit

Goods in Transit
5th Edition
Series:  British Shipping Laws
Practice Area:  Commercial Law, Shipping
ISBN:  9780414114227
Published by:  Sweet & Maxwell
Publication Date:  24 Aug 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

The subject matter of Goods in Transit is of increasing relevance as international trade and globalisation increase. The work gathers together and integrates in a unique, accessible and practical form many aspects of general commercial, shipping, contract, bailment, tort, property, agency and transport law in one place.

  • Considers key areas of contract, bailment, tort, property, sale of goods and banking law as relevant to the movement of goods
  • Deals with trans-national transportation rail, road, sea and air in the context of the various international transport conventions and multi-modal transport
  • Analyses in detail the law of agency and the law of bailment in the context of carriage of goods and international trade law
  • Examines the property elements in carriage of goods and international trade law
  • Analyses the multifarious complex domestic and international statutory and contractual liability regimes applicable to carriers and other bailees
  • Considers the various issues raised by outsourcing, logistics and project forwarding contracts

The fifth edition covers number of key cases, including:

  • Scipion Active Trading Fund v Vallis Group Ltd [2020] EWHC 1451 (Comm) Henshaw J Contractual and bailees estoppel
  • Sevylor Shipping and Trading Corp v Altfadul Co for Foods, Fruits & Livestock (The Baltic Strait) [2018] EWHC 629 (Comm), [2018] 2 Lloyd's Rep 33 at [18]-[25] per Andrew Baker J: right of bill of lading holder suing on the bill of lading in contract to recover full damages
  • Volcafe Ltd v Compania Sud Americana De Vapores SA (CSAV) [2018] UKSC 61 Bailment and the Hague and Hague-Visby Rules; the burden of proof, inherent vice and causation
  • Alize 1954 v Allianz Elementar Versicherungs AG [2021] UKSC 51 Shipowner’s obligation to exercise due diligence to make a vessel seaworthy
  • Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) Carr J. Deviation
  • K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 Males LJ demurrage

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CONTENTS

PART I – AGENCY
CHAPTER 1 Agent and Principal
CHAPTER 2 Agents and Third Parties

PART II – INTERESTS IN GOODS
CHAPTER 3 Ownership, Possession and Risk
CHAPTER 4 Bailee and Bailor

PART III – CARRIAGE DOCUMENTS
CHAPTER 5 Bills of Lading, Waybills and Consignment Notes
CHAPTER 6 Receipts in Bailment

PART IV – THE CAUSES OF ACTION
CHAPTER 7 Contractual Claims
CHAPTER 8 Misrepresentation Claims
CHAPTER 9 Bailment Claims
CHAPTER 10 Tort Claims
CHAPTER 11 Restitution, Contribution and Debt Claims
CHAPTER 12 Assignment 
CHAPTER 13 Election, Waiver and Discharge

PART V – REMEDIES
CHAPTER 14 Damages
CHAPTER 15 Causation and Remoteness in Damages
CHAPTER 16 Limitation
CHAPTER 17 Time Bars

PART VI – LIABILITY REGIMES
CHAPTER 18 Carriers and Forwarders
CHAPTER 19 The International Carriage Conventions
CHAPTER 20 Statutory and Contractual Liability Regimes
CHAPTER 21 Risk Allocation and Transfer
CHAPTER 22 Duties and Liabilities of the Merchant

PART VII – MISCELLANEOUS ISSUES
CHAPTER 23 Charges
CHAPTER 24 Illegality and Public Policy

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