After 20 years, Professor William Tetley has released a 4th edition of his acclaimed work. In the twenty years that have passed since the 3rd edition international carriage of goods by sea law, as well as the whole context of international trade, has changed considerably.
Marine Cargo Claims provides a detailed study of:
- the principal legal issues connected to maritime transport law
- the major principles and rules applied historically by the common law and the civil law to the carriage of goods by sea issues, and marine cargo claims in particular
- it compares and examines marine cargo claims liability issues, as seen in the Hague Rules (1924), the Hague/Visby Rules (1968/1979) and the Hamburg Rules (1978) in relation to major issues of liability for cargo lost or damaged at sea
- it examines the past and recent case-law and writings of the most influential legal authors in maritime transport law
- summarises the national law on marine cargo claims of some 50 countries, written by legal experts from those jurisdictions.
Author: Professor William Tetley is largely known around the world for his career in Maritime Law, whether as a member of committees and associations or as an author. He practiced civil, commercial and maritime law for eighteen years and was a member of the Quebec National Assembly for eight years. He taught law at McGill University, Tulane University and elsewhere for thirty years, and still teaches at McGill University. He has lectured at universities and conferences in Canada, the U.S., the U.K., the U.S.S.R., Belgium, France, Germany, Sweden, the Netherlands, Italy, Spain, Portugal, Greece, Slovenia, Croatia, Malta, Canary Isles, South Africa, Australia, Singapore, Hong Kong, China, Puerto Rico, Venezuela, Colombia, Argentina and Brazil.
ISBN: 9782896351268
Published by: Carswell, 1 May 2008 4th Edition
Format: Hardback
CONTENTS:
Table of Cases and Statutes
Chapters
- Application of the rules generally
- Application of the rules to charterparties
- Interpretation and construction of the rules
- Interpretation of bills of landing and superseding clauses
- Fundamental breach, deviation, quasideviation, and rupture of the contract
- The burden and order of proof
- Sales of goods – The passing of title and risk – A resume
- Who may claim or sue?
- Proving the contract or tort
- Whom to sue
- Loss while in the charge of the carrier
- Loss or damage to cargo
- Measure of damages
- The cause of the loss or damage
- Due diligence to make the vessel seaworthy
- Error in navigation or management
- Fire
- Peril of the sea and similar exceptions
- Acts and fault of the shipper
- Inherent vice and hidden defect of the goods
- Insufficiency of packing
- Latent defects of the ship
- Art. 4(2)(q) – Any other cause without fault
- Load properly and carefully
- Stow properly and carefully
- Properly carry, keep and care for cargo
- Discharge properly and carefully
- Arbitration clauses
- Collision and loss to cargo
- Containers
- Deck carriage
- Delay for suit
- Responsibility of freight forwarders
- Cargo owner’s obligations in general average
- Geographic deviation
- The Himalaya Clause – Heresy or genius?
- Jurisdiction Clauses – Forum non conveniens
- Letters of indemnity and of guarantee
- Limitation, non-responsibility and disclaimer clauses
- Notice of loss
- Package or kilo limitation
- Set-off, recoupment, “compensation” and counterclaim
- Sweat damage and ventilation
- Through and combined carriage and transhipment
- Waybills
- Product liability
- Summaries
Appendices