Index to The Law of Carriage of Goods by Sea

[all references are to paragraph number]

Act of God

generally, 13.3–13.4

Act of Queen's enemies

generally, 13.5–13.7

Actions in rem

dispute resolution, and, 22.15–22.16

Actual carrier

Hamburg Rules, and, 3.8

Actual readiness to load

voyage charterparties, and, 5.48–5.50

Ad valorem freight

See also Freight

generally, 8.20

Advanced freight

See also Freight

generally, 8.11–8.13

Animals

Hague-Visby Rules, and, 2.6

Hamburg Rules, and, 3.7

Rotterdam Rules, and, 4.12–4.13

Anticipatory breach

generally, 21.3–21.6

Arbitration

characteristics, 22.19–22.24

enforcement of awards, 22.27–22.28

introduction, 22.18

process, 22.25–22.26

Rotterdam Rules, and, 4.23–4.25

Arrived ship

actual readiness to load, 5.48–5.50

generally, 5.36–5.39

notice of readiness to load, 5.45–5.47

readiness to load or discharge, 5.44

shifting risk, 5.40–5.43

Back freight

See also Freight

generally, 8.18

Bailment

bills of lading, and, 17.8

Bareboat charters

generally, 1.16

Bills of lading

background, 15.2

bailment on terms, 17.8

charterparties, under

bills issued to charterer, 19.2–19.3

bills transferred to third party, 19.7

identity of carrier, 19.4–19.6

incorporation clauses, 19.3

introduction, 19.1

charterparty bills, 15.7

condition of goods, 16.8–16.11

Contracts (Rights of Third Parties) Act 1999, 17.12

delivery of goods, and

carrier's liability, 18.8–18.13

general principles, 18.2–18.4

introduction, 18.1

presentation of bills, 18.5–18.7

document of title, as

Carriage of Goods by Sea Act 1992, under, 16.24

common law, at, 16.16–16.20

introduction, 16.15

transfer of bills, 16.21–16.23

electronic bills, 15.16–16.17

evidence of contract of carriage, as, 16.2–16.3

freight, and, 8.2

freight forwarder's bills, 15.8

functions

document of title, as, 16.15–16.24

evidence of contract of carriage, as, 16.2–16.3

generally, 15.1

introduction, 16.1

receipt for goods, as, 16.4–16.14

generally, 1.15

Hague-Visby Rules, and

carrier's duties, 2.13–2.15

generally, 2.1

introduction, 1.15

Hamburg Rules, and, 3.3

Himalaya clauses, 17.9–17.11

identification of goods, 16.12–16.14

implied contracts, 17.2–17.6

introduction, 15.1

leading marks, 16.12–16.14

liner bills, 15.3–15.4

multimodal bills, 15.9–15.15

order and condition of goods, 16.8–16.11

presentation, 18.5–18.7

quality of goods, 16.12–16.14

quantity of goods, 16.5–16.7

receipt for goods, as

condition, 16.8–16.11

introduction, 16.4

leading marks, 16.12–16.14

quantity, 16.5–16.7

security for credit, as, 16.19

statutory regime, 15.1

straight bills, 15.5–15.6

third parties, and

bailment on terms, 17.8

Himalaya clauses, 17.9–17.11

implied contracts, 17.2–17.6

introduction, 17.1

rights, 17.12

tortious liability, 17.7

third party rights, 17.12

tortious liability, 17.7

transfer, 16.21–16.23

types, 15.3–15.17

'weight unknown', 16.7

Breach of contract

anticipatory breach, 21.3–21.6

damages

generally, 21.12

mitigation, 21.14

remoteness, 21.13

effects

conditions and warranties, 21.8–21.10

generally, 21.7

intermediate terms, 21.11

injunctions, 21.16

innominate terms, 21.11

intermediate terms, 21.11

introduction, 21.1

mitigation, 21.14

remoteness, 21.13

specific performance, 21.15

types, 21.2–21.6

Buyers

generally, 1.11

Cancellation clause

voyage charterparties, and, 5.21

Cargo

shipper's obligations, and

alternative cargoes, 7.18–7.19

full and complete cargo, 7.17

generally, 7.14–7.16

voyage charterparties, and, 5.5

Cargoes

containerisation, 1.6

dry bulk cargo, 1.4

dunnage, 1.6

Hague-Visby Rules, and, 2.6–2.8

introduction, 1.4–1.6

liquid bulk cargo, 1.5

oil, 1.5

types, 1.4

Cargoworthiness

carrier's obligations, and, 10.2

'Carriage of goods'

Hague-Visby Rules, and, 2.9

Carriers

duties

bills of lading, 2.13–2.15

generally, 2.12

goods, 2.20–2.21

seaworthiness, 2.16–2.19

generally, 1.12

Hague-Visby Rules, and

carrier's duties, 2.12–2.21

immunities, 2.22–2.25

Hamburg Rules, and, 3.5–3.9

immunities

See also Carriers' immunities

Hague-Visby Rules, 2.22–2.25

Rotterdam Rules, 4.8

obligations

See also Carriers' obligations

common law, at, 10.1–10.23

deviation, 10.14–10.21

Hague-Visby Rules, under, 11.2–11.14

Hamburg Rules, under, 11.15

international conventions, under, 11.1–11.16

reasonable dispatch, 10.22–10.23

Rotterdam Rules, under, 11.16

seaworthiness, 10.2–10.13

rights

See also Carriers' rights

liens, 12.1–12.20

Rotterdam Rules, and, 4.7–4.9

Carriers' obligations

cargoworthiness, 10.2

common law, at

deviation, 10.14–10.21

effect or breach, 10.20–10.21

introduction, 10.1

justifiable deviations, 10.16–10.17

liberty clauses, 10.18–10.19

reasonable dispatch, 10.22–10.23

seaworthiness, 10.2–10.13

deviation from agreed route

generally, 10.14–10.15

Hague-Visby Rules, under, 11.12–11.14

meaning, 10.15

Hague-Visby Rules, under

bills of lading as receipt, as to, 11.2–11.3

deviation, 11.12–11.14

proper and careful loading, etc of cargo, 11.9–11.11

seaworthiness, 11.4–11.8

Hamburg Rules, under, 11.15

international conventions, under

Hague-Visby Rules, under, 11.2–11.14

Hamburg Rules, under, 11.15

introduction, 11.1

Rotterdam Rules, under, 11.16

proper and careful loading, etc of cargo, 11.9–11.11

reasonable dispatch

effect or breach, 10.23

generally, 10.22

Rotterdam Rules, under, 11.16

seaworthiness

availability of documentation, 10.8

burden of proof, 10.12

causation, 10.10–10.11

doctrine of stages, 10.9

effect of breach, 10.13

incompetence of crew, 10.6

introduction, 10.2

more than one cause, 10.7

nature of obligation, 10.3–10.4

scope of obligation, 10.5–10.8

stores and equipment, 10.4

seaworthiness under Hague-Visby Rules

due diligence, 11.6–11.8

generally, 11.4–11.5

Carriers' rights

liens

cesser clauses, 12.19–12.20

common law, 12.3–12.8

contractual, 12.9–12.13

introduction, 12.1

sub-freights, on, 12.14–12.18

types, 12.2–12.20

Carrying operation

voyage charterparties, and, 5.65

'Catch-all' exception

generally, 13.29–13.31

Cesser clauses

liens, and, 12.19–12.20

Charter period

time charterparties, and, 6.12–6.15

Charterparties

bills of lading issued under

bills issued to charterer, 19.2–19.3

bills transferred to third party, 19.7

identity of carrier, 19.4–19.6

incorporation clauses, 19.3

introduction, 19.1

generally, 1.16

Hague-Visby Rules, and, 2.36–2.38

Hamburg Rules, and, 3.3

Rotterdam Rules, and, 4.2

time charters

See also Time charterparties

generally, 6.1–6.28

voyage charters

See also Voyage charterparties

generally, 5.1–5.69

Choice of forum

dispute resolution, and, 22.4–22.11

Choice of law

dispute resolution, and, 22.12–22.13

Class of vessel

time charterparties, and, 6.10

Common law liens

expenses, 12.8

freight, 12.4–12.6

general average, 12.7

introduction, 12.3

Condition of goods

bills of lading, and, 16.8–16.11

Conditions

breach of contract, and, 21.8–21.10

Containerisation

generally, 1.6

'Contract of carriage'

Hague-Visby Rules, and, 2.10

Hamburg Rules, and, 3.2

Rotterdam Rules, and, 4.3

Contracting out

Hague-Visby Rules, and, 2.11

Rotterdam Rules, and, 4.16–4.17

Contracts of affreightment

bills of lading

See also Bills of lading

background, 15.2

delivery of goods, and, 18.1–18.13

functions, 16.1–16.24

generally, 1.15

introduction, 15.1

issued under charterparties, 19.1–19.7

third parties, and, 17.1–17.12

types, 15.3–15.17

charterparties

See also Charterparties

background, 15.2

generally, 1.16

time charters, 6.1–6.28

voyage charters, 5.1–5.69

generally, 1.14–1.16

Contracts (Rights of Third Parties) Act 1999

bills of lading, and, 17.12

Contractual liens

generally, 12.9–12.13

Co-operation to facilitate handling and carriage of goods

shipper's obligations, and, 9.17

Damages

generally, 21.12

mitigation, 21.14

remoteness, 21.13

Damages for detention

voyage charterparties, and, 5.63

Dangerous goods

duty not to ship dangerous goods

'dangerous goods', 7.11

generally, 7.11–7.13

Hague-Visby Rules, under, 9.8–9.10

Hamburg Rules, under, 9.13–9.14

Rotterdam Rules, under

generally, 9.21–9.22

introduction, 4.14

Dead freight

See also Freight

generally, 8.19

voyage charterparties, and, 5.5

Dead weight tonnage

voyage charterparties, and, 5.4

Deck cargo

Hague-Visby Rules, and, 2.6

Hamburg Rules, and, 3.8

Rotterdam Rules, and, 4.10–4.11

Deductions

freight, and, 8.5–8.9

hire, and, 6.22–6.24

Defective packing

generally, 13.20–13.21

Delay

frustration, and, 20.6

Delivery of goods

bills of lading, and

carrier's liability, 18.8–18.13

general principles, 18.2–18.4

introduction, 18.1

presentation of bills, 18.5–18.7

freight, and, 8.3

Rotterdam Rules, and

in condition to withstand sea voyage, 9.15–9.16

generally, 4.18

introduction, 11.16

Demise charterparties

generally, 1.16

Demurrage

despatch money, 5.64

generally, 5.60–5.62

Gencon 1994 charter, 5.7

no agreed rate, where, 5.63

Description of vessel

class, 6.10

fuel consumption, 6.11

introduction, 6.7

name, 6.8

nationality, 6.9

speed, 6.11

Deviation

common law, at

generally, 10.14–10.15

meaning, 10.15

Hague-Visby Rules, under, 11.12–11.14

Rotterdam Rules, and, 4.15

Discharging operation

arrived ship, 5.36–5.44

generally, 5.66–5.69

Dispute resolution

arbitration

characteristics, 22.19–22.24

enforcement of awards, 22.27–22.28

introduction, 22.18

process, 22.25–22.26

choice of forum, 22.4–22.11

choice of law, 22.12–22.13

claims

actions in rem, 22.15–22.16

freezing injunctions, 22.17

generally, 22.14

introduction, 22.1

jurisdiction clauses, 22.2–22.3

Documents of title

bills of lading, and

Carriage of Goods by Sea Act 1992, under, 16.24

common law, at, 16.16–16.20

introduction, 16.15

transfer of bills, 16.21–16.23

'Door-to-door' period of liability

Rotterdam Rules, and, 4.4

Dry bulk cargo

generally, 1.4

Dunnage

generally, 1.6

Electronic bills of lading

generally, 15.16–16.17

Employment and agency clause

time charterparties, and, 6.25–6.27

Evidence of contract of carriage

bills of lading, and, 16.2–16.3

Exceptions

act of God, 13.3–13.4

act of Queen's enemies, 13.5–13.7

'catch-all', 13.29–13.31

common law, at

act of God, 13.3–13.4

act of Queen's enemies, 13.5–13.7

inherent vice, 13.8–13.9

introduction, 13.2

contract, under

defective packing, 13.20–13.21

introduction, 13.10

perils of the sea, 13.11–13.12

restraint of princes, 13.13–13.16

strikes, 13.17–13.19

defective packing, 13.20–13.21

fire, 13.26–13.28

Hague-Visby Rules, under

'catch-all', 13.29–13.31

fire, 13.26–13.28

generally, 2.22

introduction, 13.33

navigation and management of ship, 13.23–13.25

inherent vice, 13.8–13.9

introduction, 13.1

navigation and management of ship, 13.23–13.25

perils of the sea, 13.11–13.12

restraint of princes, 13.13–13.16

Rotterdam Rules, and, 4.8

strikes, 13.17–13.19

Expected readiness to load

voyage charterparties, and, 5.19–5.20

Expenses

common law liens, and, 12.8

Fire

generally, 13.26–13.28

Freezing injunctions

dispute resolution, and, 22.17

Freight

ad valorem freight, 8.20

advanced freight, 8.11–8.13

back freight, 8.18

basic obligation

calculation, 8.4

deductions, 8.5–8.9

generally, 8.2–8.3

bills of lading, and, 8.2

calculation, 8.4

common law liens, and, 12.4–12.6

dead freight, 8.19

deductions, 8.5–8.9

delivery of goods, and, 8.3

Gencon 94 form, and, 8.4

introduction, 8.1

liens, and, 12.4–12.6

lump sum freight, 8.14–8.15

meaning, 8.2

party from whom due

bill of lading freight, 8.24–8.25

charterparty freight, 8.23

introduction, 8.22

party to whom due, 8.26

payment

introduction, 8.21

party from whom due, 8.22–8.25

party to whom due, 8.26

pro rate freight, 8.16–8.17

quantity of cargo, and, 8.4

types

ad valorem freight, 8.20

advanced freight, 8.11–8.13

back freight, 8.18

dead freight, 8.19

introduction, 8.10

lump sum freight, 8.14–8.15

pro rate freight, 8.16–8.17

use, 8.2

voyage charterparties, and, 5.6

Freight forwarders

bills of lading, and, 15.8

Frustration

bars

express provisions, 20.9

introduction, 20.7

mere hardship, 20.8

self-induced frustration, 20.10–20.12

definition, 20.2

delay, 20.6

effect, 20.13–20.17

hardship, 20.8

illegality, 20.5

impossibility of performance, 20.3–20.4

introduction, 20.1

self-induced frustration, 20.10–20.12

supervening illegality, 20.5

types, 20.2

Fuel consumption

time charterparties, and, 6.11

Gencon 1994

See also Voyage charterparties

cargo clauses, 5.5

demurrage, 5.7

freight, and

generally, 8.4

introduction, 5.6

generally, 5.3

introductory clauses, 5.4

laytime, 5.7

other clauses, 5.7

problems, 5.8–5.12

General average

common law liens, and, 12.7

Goods

Hague-Visby Rules, and, 2.20–2.21

Hague Rules

See also Hague-Visby Rules

generally, 2.1

Hague-Visby Rules

adoption, 2.1

ambit, 2.2–2.11

application, 2.2–2.5

background, 2.1

bills of lading, and

carrier's obligations, and, 11.2–11.3

generally, 2.13–2.15

introduction, 1.15

cargo types, 2.6–2.8

'carriage of goods', 2.9

carrier's duties

bills of lading, 2.13–2.15

generally, 2.12

goods, 2.20–2.21

seaworthiness, 2.16–2.19

carrier's immunities, 2.22–2.25

carrier's obligations, and

bills of lading as receipt, as to, 11.2–11.3

deviation, 11.12–11.14

proper and careful loading, etc of cargo, 11.9–11.11

seaworthiness, 11.4–11.8

charterparties, and

generally, 2.36–2.38

introduction, 1.16

content

carrier's duties, 2.12–2.21

carrier's immunities, 2.22–2.25

package limitations, 2.28–2.35

time limits, 2.26–2.27

'contract of carriage', 2.10

contracting out, 2.11

deviation, 11.12–11.14

discharge of cargo, 11.9–11.11

effect on charterparties, 2.36–2.38

exceptions, and

'catch-all', 13.29–13.31

fire, 13.26–13.28

generally, 2.22

introduction, 13.33

navigation and management of ship, 13.23–13.25

goods, 2.20–2.21

incorporation in UK law, 2.1

introduction, 2.1

limitation of liability, 2.28–2.35

loading, etc of cargo, 11.9–11.11

non-negotiable documents of title, and, 2.3

package limitations, 2.28–2.35

period of coverage, 2.9–2.10

proper and careful loading, etc of cargo, 11.9–11.11

seaworthiness

due diligence, 11.6–11.8

generally, 11.4–11.5

introduction, 2.16–2.19

shipper's obligations, and

background, 9.3

dangerous goods, 9.8–9.10

delivery of goods in condition to withstand sea voyage, 9.26

negligence, and, 9.7

provision of information about goods, 9.5–9.6

special drawing rights, 2.29

'tackle to tackle' basis, 2.9

time limits, 2.26–2.27

types of cargo, 2.6–2.8

waybills, and, 2.3

Hamburg Rules

actual carrier, 3.8

adoption, 3.14

ambit, 3.2–3.4

application, 3.2–3.4

background, 3.1

bills of lading, 3.3

carriers, 3.9

carrier's liability, 3.5–3.9

carrier's obligations, and, 11.15

charterparties, and, 3.3

'contract of carriage', 3.2

dangerous goods, 9.13–9.14

deck cargo, and, 3.8

delivery of goods, 9.26

guarantee of accuracy of particulars of goods, 9.11

introduction, 3.1

limitation of liability, 3.10–3.13

live animals, and, 3.7

negligence, and, 9.12

package limitations, 3.10–3.13

problem areas, 3.14

provision of information about goods, 9.11

shipper's obligations, and

background, 9.4

dangerous goods, 9.13–9.14

delivery of goods in condition to withstand sea voyage, 9.26

guarantee of accuracy of particulars of goods, 9.11

negligence, and, 9.12

provision of information about goods, 9.11

special drawing rights, 3.13

time limits, 3.13

Hardship

frustration, and, 20.8

Himalaya clauses

bills of lading, and, 17.9–17.11

Hire payment

deductions, 6.22–6.24

generally, 6.16–6.17

off-hire, 6.18–6.21

Identification of goods

bills of lading, and, 16.12–16.14

Illegality

frustration, and, 20.5

Implied contracts

bills of lading, and, 17.2–17.6

Impossibility of performance

frustration, and, 20.3–20.4

Information about goods

Hague-Visby Rules, under, 9.5–9.6

Hamburg Rules, under, 9.11

Rotterdam Rules, under

generally, 9.20

not readily available to carrier, 9.18

Inherent vice

generally, 13.8–13.9

Injunctions

breach of contract, and, 21.16

Innominate terms

breach of contract, and, 21.11

Insufficiency of packing

shipper's obligations, and, 9.16

Intermediate terms

breach of contract, and, 21.11

International conventions

See also Hague-Visby Rules

See also Hamburg Rules

See also Rotterdam Rules

carrier's obligations, and

Hague-Visby Rules, under, 11.2–11.14

Hamburg Rules, under, 11.15

introduction, 11.1

Rotterdam Rules, under, 11.16

shipper's obligations, and

background, 9.2–9.4

Hague-Visby Rules, 9.5–9.10

Hamburg Rules, 9.11–9.14

introduction, 9.1

Rotterdam Rules, 9.15–9.22

Jurisdiction clauses

dispute resolution, and, 22.2–22.3

Laytime

arrived ship

actual readiness to load, 5.48–5.50

generally, 5.36–5.39

notice of readiness to load, 5.45–5.47

readiness to load or discharge, 5.44

shifting risk, 5.40–5.43

calculation, 5.52–5.55

completion of loading, 5.58–5.59

Gencon 1994 charter, 5.7

introduction, 5.51

suspension, 5.56–5.57

Leading marks

bills of lading, and, 16.12–16.14

Liens

cesser clauses, 12.19–12.20

common law liens

expenses, 12.8

freight, 12.4–12.6

general average, 12.7

introduction, 12.3

contractual liens, 12.9–12.13

introduction, 12.1

meaning, 12.2

possessory liens, 12.2

sub-freights, on, 12.14–12.18

types, 12.2–12.20

Limitation of liability

amounts, 14.8–14.9

Hague-Visby Rules, and, 2.28–2.35

Hamburg Rules, and, 3.10–3.13

introduction, 14.1

Merchant Shipping Act 1995, 14.2–14.10

loss of right, 14.10

persons covered, 14.2–14.4

Rotterdam Rules, and, 4.26–4.29

'salvor', 14.4

'shipowner', 14.2

special drawing rights, 14.8

tonnage of vessel, 14.8

types of claims, 14.5–14.7

Liner bills

bills of lading, and, 15.3–15.4

Liquid bulk cargo

generally, 1.5

Live animals

Hague-Visby Rules, and, 2.6

Hamburg Rules, and, 3.7

Rotterdam Rules, and, 4.12–4.13

Loading operation

arrived ship

actual readiness to load, 5.48–5.50

generally, 5.36–5.39

notice of readiness to load, 5.45–5.47

readiness to load or discharge, 5.44

shifting risk, 5.40–5.43

completion, 5.58–5.59

division of responsibility, 5.27

exception clauses, 5.35

introduction, 5.26

mutuality of obligations, 5.34

overview, 5.13

provision of cargo, 5.28–5.33

Lump sum freight

See also Freight

generally, 8.14–8.15

Management of ship

generally, 13.23–13.25

Master

generally, 1.12

Mate's receipts

generally, 15.19–15.20

Mitigation

breach of contract, and, 21.14

Multimodal bills

bills of lading, and, 15.9–15.15

Name of vessel

time charterparties, and, 6.8

Nationality of vessel

time charterparties, and, 6.9

Navigation and management of ship

generally, 13.23–13.25

Near clause

voyage charterparties, and, 5.22–5.25

Negligence

shipper's obligations, and

Hague-Visby Rules, under, 9.7

Hamburg Rules, under, 9.12

Nomination of port of loading

voyage charterparties, and, 5.15–5.17

Nomination of safe port

extent of obligation, 7.5

generally, 7.2–7.4

period of warranty, 7.6–7.9

remedies for breach, 7.10

Non-negotiable documents of title

Hague-Visby Rules, and, 2.3

Notice of readiness to load

voyage charterparties, and, 5.45–5.47

NYPE 93

time charterparties, and, 6.4–6.6

Off-hire

time charterparties, and, 6.18–6.21

Oil

cargoes, and, 1.5

Order and condition of goods

bills of lading, and, 16.8–16.11

Package limitations

Hague-Visby Rules, and, 2.28–2.35

Hamburg Rules, and, 3.10–3.13

Parties

buyers, 1.11

carriers, 1.12

generally,1.11–1.13

master 1.12

sellers, 1.11

stevedores, 1.12

Payment

freight, and

introduction, 8.21

party from whom due, 8.22–8.25

party to whom due, 8.26

hire , and

deductions, 6.22–6.24

generally, 6.16–6.17

off-hire, 6.18–6.21

Performance clauses

carrying operation, 5.65

discharging operation, 5.66–5.69

introduction, 5.13

loading operation, 5.26–5.50

preliminary voyage, 5.14–5.25

Perils of the sea

generally, 13.11–13.12

Possessory liens

generally, 12.2

Preliminary voyage

cancellation clause, 5.21

expected readiness to load, 5.19–5.20

introduction, 5.14

near clause, 5.22–5.25

nomination of port of loading, 5.15–5.17

overview, 5.13

voyage to port of loading, 5.18

Pro rata freight

See also Freight

generally, 8.16–8.17

Proper and careful loading, etc of cargo

carrier's obligations, and, 11.9–11.11

Provision of cargo

shipper's obligations, and

alternative cargoes, 7.18–7.19

full and complete cargo, 7.17

generally, 7.14–7.16

voyage charterparties, and, 5.28–5.33

Provision of information about goods

Hague-Visby Rules, under, 9.5–9.6

Hamburg Rules, under, 9.12

Rotterdam Rules, under

generally, 9.20

not readily available to carrier, 9.18

Pure Car and Truck Carriers

generally, 1.8

Quality of goods

bills of lading, and, 16.12–16.14

Quantity of cargo

freight, and, 8.4

Quantity of goods

bills of lading, and, 16.5–16.7

Readiness to load or discharge

voyage charterparties, and, 5.44

Reasonable dispatch

effect or breach, 10.23

generally, 10.22

Receipt for goods

bills of lading, and

condition, 16.8–16.11

introduction, 16.4

leading marks, 16.12–16.14

quantity, 16.5–16.7

Redelivery of vessel

time charterparties, and, 6.28

Remoteness

breach of contract, and, 21.13

Restraint of princes

generally, 13.13–13.16

Rotterdam Rules

application, 4.2

arbitration, 4.23–4.25

background, 4.1

'carrier', 4.7

carrier's obligations

generally, 4.7–4.9

introduction, 11.16

charterparties, and, 4.2

'contract of carriage', 4.3

contracting out, 4.16–4.17

co-operation to facilitate handling and carriage of goods, 9.17

dangerous goods

generally, 9.21–9.22

introduction, 4.14

deck cargo, 4.10–4.11

delivery of goods

generally, 4.18

shipper's obligations, 9.15–9.16

deviation, 4.15

'door-to-door' period of liability, 4.4

excepted perils, 4.8

introduction, 4.1

jurisdiction, 4.20–4.22

liability for breach of obligations, 9.19

limitation of liability, 4.26–4.29

live animals, 4.12–4.13

provision of information about goods

generally, 9.20

not readily available to carrier, 9.18

shipper's obligations, and

background, 9.4

co-operation to facilitate handling and carriage of goods, 9.17

dangerous goods, 9.21–9.22

delivery of goods in condition to withstand sea voyage, 9.15–9.16

liability for breach of obligations, 9.19

provision of information about goods, 9.20

provision of information about goods not readily available to carrier, 9.18

rights of controlling party, 4.19

scope, 4.2–4.6

seaworthiness, 4.9

Salvors

limitation of liability, and, 14.4

Sea waybills

generally, 15.21

Hague-Visby Rules, and, 2.3

Seaworthiness

common law, at

availability of documentation, 10.8

burden of proof, 10.12

causation, 10.10–10.11

doctrine of stages, 10.9

effect of breach, 10.13

incompetence of crew, 10.6

introduction, 10.2

more than one cause, 10.7

nature of obligation, 10.3–10.4

scope of obligation, 10.5–10.8

stores and equipment, 10.4

Hague-Visby Rules, under

due diligence, 11.6–11.8

generally, 11.4–11.5

introduction, 2.16–2.19

Rotterdam Rules, under, 4.9

Security for credit

bills of lading, and, 16.19

Self-induced frustration

generally, 20.10–20.12

Sellers

generally, 1.11

Shipowners

limitation of liability, and, 14.2

Shipper's obligations

common law, at

freight. 8.1–8.26

introduction, 7.1

nomination of safe port, 7.2–7.10

not to ship dangerous goods, 7.11–7.13

provision of cargo, 7.14–7.19

co-operation to facilitate handling and carriage of goods, 9.17

dangerous goods, as to

Hague-Visby Rules, under, 9.8–9.10

Hamburg Rules, under, 9.13–9.14

Rotterdam Rules, under, 9.21–9.22

delivery of goods in condition to withstand sea voyage, 9.15–9.16

freight

ad valorem freight, 8.20

advanced freight, 8.11–8.13

back freight, 8.18

basic obligation, 8.2–8.3

calculation, 8.4

dead freight, 8.19

deductions, 8.5–8.9

introduction, 8.1

lump sum freight, 8.14–8.15

meaning, 8.2

payment, 8.21–8.26

pro rate freight, 8.16–8.17

types, 8.10–8.20

use, 8.2

Hague-Visby Rules, under

background, 9.3

dangerous goods, 9.8–9.10

delivery of goods in condition to withstand sea voyage, 9.26

negligence, and, 9.7

provision of information about goods, 9.5–9.6

Hamburg Rules, under

background, 9.4

dangerous goods, 9.13–9.14

delivery of goods in condition to withstand sea voyage, 9.26

guarantee of accuracy of particulars of goods, 9.11

negligence, and, 9.12

provision of information about goods, 9.11

information about goods

Hague-Visby Rules, under, 9.5–9.6

Hamburg Rules, under, 9.11

Rotterdam Rules, under, 9.20

information about goods not readily available to carrier, 9.18

insufficiency of packing, and, 9.16

international conventions, under

background, 9.2–9.4

Hague-Visby Rules, 9.5–9.10

Hamburg Rules, 9.11–9.14

introduction, 9.1

Rotterdam Rules, 9.15–9.22

introduction, 7.1

liability for breach of obligations, 9.19

negligence, and

Hague-Visby Rules, under, 9.7

Hamburg Rules, under, 9.12

nomination of safe port

extent of obligation, 7.5

generally, 7.2–7.4

period of warranty, 7.6–7.9

remedies for breach, 7.10

not to ship dangerous goods

'dangerous goods', 7.11

generally, 7.11–7.13

provision of cargo

alternative cargoes, 7.18–7.19

full and complete cargo, 7.17

generally, 7.14–7.16

provision of information about goods

Hague-Visby Rules, under, 9.5–9.6

Hamburg Rules, under, 9.12

Rotterdam Rules, under, 9.20

provision of information about goods not readily available to carrier, 9.18

Rotterdam Rules, under

background, 9.4

co-operation to facilitate handling and carriage of goods, 9.17

dangerous goods, 9.21–9.22

delivery of goods in condition to withstand sea voyage, 9.15–9.16

liability for breach of obligations, 9.19

provision of information about goods, 9.20

provision of information about goods not readily available to carrier, 9.18

Ship's delivery orders

generally, 15.22

Special drawing rights

generally, 14.8

Hague-Visby Rules, and, 2.29

Hamburg Rules, and, 3.13

Specific performance

breach of contract, and, 21.15

Speed of vessel

time charterparties, and, 6.11

Stevedores

generally, 1.12

Straight bills

bills of lading, and, 15.5–15.6

Strikes

generally, 13.17–13.19

Sub-freights

liens, and, 12.14–12.18

Supervening illegality

frustration, and, 20.5

'Tackle to tackle' basis

Hague-Visby Rules, and, 2.9

Third parties

bills of lading, and

bailment on terms, 17.8

Himalaya clauses, 17.9–17.11

implied contracts, 17.2–17.6

introduction, 17.1

rights, 17.12

tortious liability, 17.7

Third party rights

bills of lading, and, 17.12

Time charterparties

charter period, 6.12–6.15

class of vessel, 6.10

deductions from hire, 6.22–6.24

description of vessel

class, 6.10

fuel consumption, 6.11

introduction, 6.7

name, 6.8

nationality, 6.9

speed, 6.11

employment and agency clause, 6.25–6.27

fuel consumption, 6.11

generally, 1.16

introduction, 6.1–6.2

name of vessel, 6.8

nationality of vessel, 6.9

NYPE 93, 6.4–6.6

off-hire, 6.18–6.21

payment for hire

deductions, 6.22–6.24

generally, 6.16–6.17

off-hire, 6.18–6.21

redelivery of vessel, 6.28

speed of vessel, 6.11

standard forms, 6.3

Time limits

Hague-Visby Rules, and, 2.26–2.27

Hamburg Rules, and, 3.13

Rotterdam Rules, and, 4.29

Straight bills

bills of lading, and, 15.5–15.6

Tortious liability

bills of lading, and, 17.7

Vessels

bulk carriers, 1.9

container ships, 1.7

generally, 1.7–1.10

liner services, and, 1.7

passenger vehicles and trucks, 1.8

tankers, 1.10

Voyage charterparties

actual readiness to load, 5.48–5.50

arrived ship

actual readiness to load, 5.48–5.50

generally, 5.36–5.39

notice of readiness to load, 5.45–5.47

readiness to load or discharge, 5.44

shifting risk, 5.40–5.43

cancellation clause, 5.21

cargo, 5.5

carrying operation, 5.65

damages for detention, 5.63

dead freight, 5.5

dead weight tonnage, 5.4

demurrage

despatch money, 5.64

generally, 5.60–5.62

Gencon 1994 charter, 5.7

no agreed rate, where, 5.63

discharging operation

arrived ship, 5.36–5.44

generally, 5.66–5.69

expected readiness to load, 5.19–5.20

freight, 5.6

Gencon 1994

cargo clauses, 5.5

freight clauses, 5.6

generally, 5.3

introductory clauses, 5.4

other clauses, 5.7

problems, 5.8–5.12

generally, 1.16

introduction, 5.1

introductory clauses, 5.4

laytime

arrived ship, and, 5.36–5.50

calculation, 5.52–5.55

completion of loading, 5.58–5.59

Gencon 1994 charter, 5.7

introduction, 5.51

suspension, 5.56–5.57

loading operation

arrived ship, 5.36–5.50

completion, 5.58–5.59

division of responsibility, 5.27

exception clauses, 5.35

introduction, 5.26

mutuality of obligations, 5.34

overview, 5.13

provision of cargo, 5.28–5.33

near clause, 5.22–5.25

nomination of port of loading, 5.15–5.17

notice of readiness to load, 5.45–5.47

performance clauses

carrying operation, 5.65

discharging operation, 5.66–5.69

introduction, 5.13

loading operation, 5.26–5.50

preliminary voyage, 5.14–5.25

preliminary voyage

cancellation clause, 5.21

expected readiness to load, 5.19–5.20

introduction, 5.14

near clause, 5.22–5.25

nomination of port of loading, 5.15–5.17

overview, 5.13

voyage to port of loading, 5.18

provision of cargo, 5.28–5.33

readiness to load or discharge, 5.44

standard forms, 5.2

voyage to port of loading, 5.18

Waybills

generally, 15.21

Hague-Visby Rules, and, 2.3

Warranties

breach of contract, and, 21.8–21.10