Carriage of Goods by Sea
| Module title | Carriage of Goods by Sea |
|---|---|
| Module code | LAWM067 |
| Academic year | 2019/0 |
| Credits | 30 |
| Module staff | (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 |
| Number students taking module (anticipated) | 30 |
|---|
Module description
This module is designed to familiarise you with the law relating to the carriage of goods by sea. The law goes back some 300 years, and has been required to keep pace with the development of a series of standard form documents and contracts of carriage as well as the adoption of a number of international conventions designed to govern the rights of the parties to a contract of carriage. You will examine the history of carriage, the nature of the various documents used in the market, including bills of lading and charterparties, the rights and remedies of the parties in the case of delay in performance or damage to the goods.
You will need to have a basic knowledge of contract law in order to gain a faster and better understanding of the law of carriage of goods by sea. This module is perhaps best studied alongside other maritime law subjects, including International Trade and the law of Marine Insurance, so that the full picture of maritime commerce can be obtained. This module is essential if you wish to be a shipping lawyer.
Module aims - intentions of the module
The aim of the module is to provide you with a comprehensive introduction to the law and practice of carriage of goods by sea, explaining the types and significance of charterparties, the role of bills of lading, the duties of the parties to a contract of carriage and the operation of international regimes, including the Hague Rules, the Hague Visby Rules, the Hamburg Rules and the Rotterdam Rules.
Carriage of goods by sea has been developed by the interaction of numerous judicial decisions, market practices and attempts to harmonise the law through international convention. There are many different forms of charterparties in use, and the course will examine which are used and in what circumstances. One of the key issues is to examine the various rights and responsibilities that exist between owners and charterers, and between the carrier and the shipper. Also, as the law in this area combines case law and statutory law, during the LLM year you will be expected to understand and digest both case law and written law and the connections between them.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate a detailed and systematic knowledge of the operation of bills of lading and charterparties, and the relationship between them;
- 2. Demonstrate a detailed and systematic knowledge of the rights and liabilities arising under a contract of carriage;
- 3. Advise accurately and comprehensively on the operation of international rules for the carriage of goods by sea, and critically assess the advantages and disadvantages of the various different regimes.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Demonstrate detailed and comprehensive understanding of the interaction of the complex web of case law, standard form contracts, shipping documents and international conventions.
- 5. Demonstrate flexible capacity to analyse the operation of the different forms of contract of carriage, the problems that may arise from them and to advise on the outcome of disputes between owner and charterer.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. Communicate key legal concepts to both legal and market audiences effectively, confidently and autonomously, orally and in writing;
- 7. Identify, retrieve and use the full range of library-based and electronic resources efficiently and autonomously.
Syllabus plan
While the module’s precise content may vary from year to year, it is anticipated that the following topics will be covered:
Brief Introduction to English Contract Law
Introduction to Carriage of Goods by Sea
Implied Obligations in a Contract of Affreightment
Charterparties- Ships, Ports and Cargo
Voyage Charters: Freight, Laytime and Demurrage
Time Charters: Charter period, Hire and Employment and Indemnity
Liens, Damages and Frustration
Bills of Lading, charterparties and contracts of carriage
Functions of Bills of Lading
Bills of Lading and Third Parties
Carriage of Goods by Sea Act 1992
Application of the Hague-Visby Rules (HVR) to Bills of Lading - Overview and Carriers’ Duties
Application of the HVR to Bills of Lading - Claims
Bills of Lading- Hamburg Rules and Rotterdam Rules
Limits and Exceptions under the HVR
Review of the module
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 270 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activities | 30 | Seminars: 10 x 3 hour lecturer-led seminars. Students will be expected to make at least one presentation during the course of the seminar programme. |
| Guided independent study | 52 | Preparation for seminars/follow-up reading. |
| Guided independent study | 108 | Preparation for seminars approx. 12 hours per seminar. This will include reading the key texts and cases, so that each seminar can be conducted at a high level and can discuss complex issues of both practical and theoretical concern. |
| Guided independent study | 20 | Preparation for formative exercise |
| Guided independent study | 40 | Preparation for summative assessment |
| Guided independent study | 50 | Other guided independent study. This is intended to give students greater opportunity to examine specific issues, in particular the various forms of agreement that are found and the merits and demerits of the differing international codes which may be adopted by the parties. Guided reading, primarily based on articles in learned journals, will be recommended. |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Individual oral presentation of a critical commentary on a seminar topic | 10 minutes | 1-7 | Oral feedback from the lecturer and other students |
| Written formative assignment (mid-term) | 1,500 words | 1-7 | Written comments from the lecturer with oral feedback on request |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 80 | 7,500 words | 1-7 | Formal written feedback and an opportunity for oral feedback from the lecturer. |
| Presentation | 20 | Group presentation 10 minutes | 1-7 | Formal written feedback and an opportunity for oral feedback from the lecturer and other students |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay (7,500 words) | Essay (7,500 words) | 1-7 | August/September re-assessment period |
| Presentation (10 minutes) | Individual presentation (10 minutes) | 1-7 | August/September re-assessment period |
Indicative learning resources - Basic reading
John Wilson, Carriage of Goods by Sea, 7th ed, Pearson/Longman, 2010
Martin Dockray, Cases and Materials on the Carriage of Goods by Sea, 3rd ed, Routledge-Cavendish,2004,
John Schofield, Laytime and Demurrage, 6th ed, LLP, 2011
Julian Cooke et al, Voyage Charters, 4rd ed, Informa, 2014
Terence Coghlin et al, Time Charters, 7th ed, Informa Law from Routledge, 2015
Charles Debattista et al, The Rotterdam Rules: A Practical Annotation, Informa, 2009
Richard Aikens et al, Bills of Lading, Informa Law from Routledge, 2005
Sir Bernard Eder et al, Scrutton on Charterparties and Bills of Lading, 22nd ed, Sweet & Maxwell, 2011
Indicative learning resources - Web based and electronic resources
I-law, Westlaw, LexisNexis and BAILII are where the principal case reports (Lloyd’s Law Reports, The Law Reports and The English Reports) can be found, as well as some specialised journals. These on-line databases supplement the use of library and paper documents. Statutes can be found at www.legislation.gov.uk.
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 31/10/13 |
| Last revision date | 21/03/17 |