BUSINESS LAW 10 - International contracts related to transport of goods Flashcards
What is the COTIF Convention?
The COTIF Convention establishes the Intergovernmental Organization for International Carriage by Rail (OTIF) and aims to harmonize regulations related to international carriage of goods by rail, including technical standards and procedures.
What are the Uniform Rules concerning the Contract of International Carriage of Goods by Rail (CIM)?
The CIM applies to contracts of carriage of goods by rail when the place of taking over and delivery are in two different member states of the COTIF Convention. It also applies if one state is a member and the parties agree to use the Uniform Rules.
Who are the parties involved in a contract for the carriage of goods by rail?
The parties are:
Consignor: The seller who dispatches the goods and concludes the contract.
Carrier: The railway company that transports the goods.
Consignee: The buyer who receives the goods at the destination.
What is a consignment note in rail transport?
A consignment note is a document that confirms the contract of carriage and serves as prima facie evidence of the contract’s terms and the carrier’s taking over of the goods.
What is the carrier’s liability in rail transport under the CIM?
The carrier is liable for:
Loss of goods.
Damage to goods.
Late delivery.
Liability is joint and several, objective, and limited.
Under what circumstances is the carrier relieved of liability in rail transport?
The carrier is relieved of liability if the loss or damage arises from:
Special risks (e.g., carriage in open wagons, inadequate packaging).
Nature of goods (e.g., perishable goods).
Irregular or incorrect description of packages.
What is the maximum compensation for lost goods in rail transport under the CIM?
he maximum compensation is 17 SDR per kilogram of lost goods.
What is the CMR Convention?
The CMR Convention regulates contracts for the international carriage of goods by road. It applies when the place of taking over and delivery are in two different countries, at least one of which is a contracting state.
What is the carrier’s liability under the CMR Convention?
he carrier is liable for:
Total or partial loss of goods.
Damage to goods.
Delay in delivery.
Liability is limited, and the carrier is relieved if the damage was caused by circumstances they could not avoid
What is the maximum compensation for lost goods under the CMR Convention?
The maximum compensation is 8 SDR per kilogram of lost goods.
What is the TIR Convention?
he TIR Convention allows goods in sealed vehicles to be transported without customs checks in transit countries, with checks only at the destination.
What is the Montreal Convention?
The Montreal Convention regulates international carriage of goods by air. It applies to all international carriage of persons, baggage, or cargo performed by aircraft for reward.
What is an air waybill?
An air waybill is a document issued by the carrier that proves the conclusion of the contract and the taking over of the goods.
What is the carrier’s liability under the Montreal Convention?
The carrier is liable for destruction, loss, or damage to goods during air carriage, unless it results from inherent defects, defective packing, acts of war, or public authority actions.
What is the maximum compensation for lost goods under the Montreal Convention?
The maximum compensation is 17 SDR per kilogram of lost goods, unless a higher value is declared by the consignor.
What is a charter party in sea transport?
A charter party is a contract between a shipowner and a trader for the hire of a ship and the delivery of cargo. It can be a time charter (hired for a certain number of days) or a voyage charter (hired for a specific voyage).
What are the Hague-Visby Rules?
The Hague-Visby Rules apply to bills of lading for the carriage of goods by sea between ports in different states. They govern the carrier’s liability and obligations.
What are the carrier’s obligations under the Hague-Visby Rules?
The carrier must:
Exercise due diligence to make the ship seaworthy.
Properly man, equip, and supply the ship.
Ensure the ship’s holds are fit for the reception, carriage, and preservation of goods.
What is the maximum compensation for lost goods under the Hague-Visby Rules?
The maximum compensation is 666 SDR per package or 2 SDR per kilogram, unless a higher value is declared on the bill of lading.
When is the carrier not liable under the Hague-Visby Rules?
The carrier is not liable if the damage results from:
Fire.
Perils of the sea.
Acts of God or war.
Defects in the goods or improper packing by the shipper.
