Assessment for Shipping Business & International Trade

4878 words 20 pages
Assessment 3

Buyer: The Theatre of Wine, in Greenwich, London, United Kingdom
Shipowners/Shippers: Carry Carefully, South Africa
The copy of B/L is attached.

A.
1. for the carriage of a consignment of wine from South Africa (which has incorporated the Hague-Visby Rules, under its own Carriage of Goods by Sea Act 1986) to London (the UK).
2. The wine was shipped and the master issued a clean straight bill for the goods, which contained a "no liability for loss or damage caused by negligent preparation of the vessel" clause.
3. The straight bill had to be presented for collection of the goods.
4. When the wine was discharged, The Theatre of Wine discovered that it had become contaminated by the ingress of rain and seawater due
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57 of 1951; * Carriage of Goods by Sea Act No.1 of 1986 which makes the Hague Rules applicable in the country ; * Admiralty Jurisdiction Regulation Act No. 105 of 1983 which includes forwarders' claims in the definition of a maritime claim and this means, for example, that forwarders can have goods arrested as security against a debt ; * English "Bills of Lading Act 1855" which is applied here although it has been superseded by the Carriage of Goods by Sea Act 1992 in the United Kingdom * Wrecks and Salvage Act No.94 of 1996 ; * Sea Transport Documents Act which has not yet entered into force.
CARRIAGE OF GOODS BY SEA ACT NO. 1 OF 1986

To amend the law with respect to the carriage of goods by sea, and to provide for matters connected therewith.

Application of Hague Rules.—(1) Those Rules contained in the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brussels on 25 August 1924, as amended by the Protocol signed at Brussels on 23 February 1968, which are set out in the Schedule (hereinafter referred to as the Rules) shall, subject to the provisions of this Act, have the force of law and apply in respect of the Republic in relation to and in connection with:

(a) the carriage of goods by sea in ships where the port of shipment is a port in the Republic, whether or not the carriage is between ports in two different

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