Topic 6: Carriage of Goods by Sea (B)

Question 1

Difference between Bill of Lading and Sea Waybill?

Answer 1

BoL = Document of title, evidence of contract, receipt of the goods and their condition
Sea Waybill = Not a document of title, simply a receipt and evidence, does not HAVE to be presented to obtain possession

Question 2

What is a straight bill of Lading?

Answer 2

1) Has a named consignee
2) Non-negotiable sea waybill
3) Needs to be presented to obtain possession

Question 3

What are the three main function of a Bill of Lading?

Answer 3

1) Receipt
2) Evidence of contract
3) Entitles possession of the goods

Question 4

Difference between Clean and Claused Bill of Lading?

Answer 4

Clean = Seems to be in good order and condition, objective standard of the container, only need to be in apparent good order
Claused = Where detailed inspection of container shows goods being potentially damaged

Question 5

What if a Bill of Lading has a named consignee but doesn’t say “to order”?

Answer 5

This will be a straight bill of lading, will not be transferable

Question 6

When do the Hague-Visby rules apply?

Answer 6

1) BoL issued in contracting state
2) Carriage from port of contracting state
3) If incorporated into BoL by clause paramount

Question 7

What extensions did the Carriage of Goods by Sea Act 1971 bring to the Hague-Visby rules?

Answer 7

1) Where shipped from UK, HV will apply (Even if domestic)
2) Sea waybills are covered by incorporation of clause paramount
3) Rules extended to deck cargo

Question 8

What are the Carrier’s obligations under the Hague-Visby rules under Article 3?

Answer 8

1) Ensure vessel’s seaworthiness
2) Care for the cargo
3) Carry goods without deviation
4) Proceed with reasonable dispatch
5) Carry goods without unjustifiable delay
6) Issue BoL when shipper requests

Question 9

What are the Excepted Perils under Article 4?

Answer 9

1) Fire, unless caused by carrier
2) Perils, dangers, and accidents of sea
3) Act of god, war, public enemies
4) Act or omissions of shipper or agents
5) Riots, strikes, civil commotion
6) Saving or attempting to save life or property at sea
7) Latent defects not discoverable by due diligence
8) ANY other causes arising without actual fault of carrier

Question 10

What are the Shipper’s obligations?

Answer 10

1) To pay freight

Question 11

What do sections 2, 3, and 4 of CoGSA 1992 say?

Answer 11

2 = Lawful holder of BoL (or sea waybill) has vested in him all rights of suit
3 = Person under s2 will carry all liabilities (e.g. freight) (only transferred when delivery is ordered or cargo claim is made)
4 = Signed BoL by master of ship is conclusive evidence of receipt of shipment

Question 12

How is the problem of privity between the importer and carrier solved?

Answer 12

By sections 2, 3, and 4 of the CoGSA 1992
(Whoever has BoL will be treated as the contracting party)