Carriage of goods by sea

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Q.13- Write short note on carriage of goods by sea.

 

Ans: INTRODUCTION

Carriage by sea is an important means of delivering and export in all over the world. Heavy equipment is easy to carry form place to another by sea. There are certain terms and condition which we discussed here which may apply when we transferred goods by sea.

The contract of carriage of goods by sea may be in either of the following two forms:

(1) A charter Party where an entire ship is hire.

(2) A bill of lading where the goods are to be carried in a general ship, which is ready and willing to carry the goods of any person who wished to employ it for that purpose.

 

CARRIAGE OF GOODS

A contract of the carriage is called the contract of affreightment, and the price of the carriage is called the freight. The contract of affreightment in either of the two forms is governed by the bills of lading Act, 1856 and the carriage of goods by sea Act, 1925.

 

Q.9 Describe Carriage of goods by air.

 

CARRIAGE OF GOODS BY AIR

The carriage by air Act 1934 was enforces theWarsawconvention rules in our country. The Act provides for the use of following documents in a contract of carriage by Air.

 

(1) Passenger ticket (Rules 3)

(2) Luggage ticket or Baggage ticket (Rules 4)

(3) Air consignment note (Rules 5 to 26)

 

(1) PASSENGER TICKET

1. The carrier must deliver a passenger ticket which shall contain the particular

(a) The place and date of issue;

(b) The place of departure, and of destination;

(c) The agree stopping place, provided chat the carrier may reserve the right to alter the stopping palace, in case of necessity;

(d) The name and address of the carrier or carrier;

(e) A statement that the carrier is subject to the rule relating to liability contained in second schedule. The passenger ticket shall constitute evidence of the conclusion and conditions of the contract of carriage.

2. The absence, irregularity or loss of the passenger of ticket does not affect the existence of the validity of the contract of carriage. If the carrier accepts a passenger without a passenger ticket, having been delivered he shall not be entitled to avail himself of those provisions of the second schedule, which exclude or limit his liability applicable to him.

 

(2) LUGGAGE TICKET (RULE 4)

The carrier shall deliver a luggage ticker for the carriage of luggage other than the small personal. Object of which the passenger takes care himself. Such Luggage ticket is issued separately. The ticket contains particulars.

 

(a) The place and date of issue;

(b) The place of departure and of destinations;

(c) The name and address of carrier or carriers;

(d) The number of baggage check;

(e) A statements that delivery of luggage while be made to the bear of the baggage check;

(f) The number and weight of the packages;

(g) The amount of the value declared by the owner,

b) A statement that the carrier is subject to rules relating to liability stated hereinafter.

(2) The baggage check is an evidence of the registration of baggage. and of the conditions of the contract of carriage the absence, irregularity or loss of the baggage check does not affect the existence and existence and validity of the contract of carriage. ‘If the carrier accepts the luggage without the baggage check having been delivered of if the baggage check does not contain baggage number, weight and liability statements, the carrier is not entitled to avail himself of the provisions excluding or limiting his liability.

 

(3) AIR CONSIGNMENT NOTE OR AIRWAY BILL

When goods are carried by air, the carrier has the right to require the consignor to make out and hand over to him a document called as ‘Air Consignment Note’. The consignor has the right require the carrier to accept this document. The note must by prepare by consignor in three original parts and be handed over with the goods. First part is market ‘for the carrier’ second for consignee the third for the consignor.

 

CONTENTS OF AIR CONSICNMFNT NOTE

The air consignment note must contain the following particulars:

 

1. The place and date of

(a) The place of departure and the place of destination.

(b) The agreed stopping places.

(c) The name and address of the first carrier.

(d) The name and address of the consignor.

 

2. The name and address of the consignee.

3. The nature of the goods.

4. The number of the packages, the method of packing with parsoular market etc.

5. The weight, quantity, volume and dimension of the goods.

6. The apparent condition of the goods and packing.

7. The freight as agreed the data of payment to the person who has to pay it.

8. If the goods are to be paid on delivery the price of goods.

9. The amount of the value declared in accordance with Rule 22 (2).

10. The number of parts of the air consignment note.

11. The documents delivered to the carrier to accompany the note.

12. The time fixed for completion of the carriage.

13. A statement that carriage in subject to rules relating to liability contained in this schedule (Rule 8).

 

The consignor is responsible for the truth of the statement given in air consignment note (Rule 10). The note is a prime facie evidence of the conclusion of the contract (Rule ii), of the receipt of goods and the condition of Packages. The consignor must furnish after such documents with the note as are necessary to meat the formalities of customs, octroi, or police before the goods can be delivered to the consignee (Rule 16).

 

HIGH CONTRACTING PARTY

TheWarsawconvention was amended in 1955 by the Hague Protocol adopted in the international of conference. Depending on this Protocol, the Indian carriage Air Act, 1972. It may be noted that all the parties, which were original signatories to theWarsawconvention, are called High contracting parties. A high contracting party also includes a country that adheres to the provision and rules ofWarsawconvention. SinceIndiais a signatory to theWarsaw. Convention, it is also a high contracting party.

 

RIGHTS OF CONSIGNOR

The consignor has right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of its journey on any landing or by calling for it to be delivered at the place of destination or in the course of journey to a person other than the consignee named in the railway bill. He must use his right of disposition in such a way as not to prejudice the carrier or other consignor.

 

RIGHTS OF CONSIGNEE

 

(1) RECEIVE THE GOODS

The consignee is entitled to an arrival to an arrival of goods at the place of destination, to require the carrier to hand over to him the air consignment note an to deliver the goods to him on payment of charges due and on the complying with the conditions of carriage as set out in the air consignment note. [Rule 13(1)]

 

(2) RECEIVE NOTICE OF ARRIVAL

It is the right of consignee to receive notice of arrival of goods as soon as the goods arrive unless otherwise agreed. [Rule 13(2)]

 

ACTON FOR NON ARRIVAL

The consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage, if the carrier admits the loss of goods, or if the goods have not arrive at expiration of seven days after the date on which they ought to have arrived, [Rule 13(3)]

 

(4) VARIATION IN RIGHT

The right of consignee to receive the goods can be varied by the express provision in the air consignment note. [Rule 15(2)]

 

LIABILITIES OF CARRIER

 

(1) DEATH OR INJURY

The carrier is liable for damage sustained in the event of death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the air craft of in the course of any of the operations of embarking or disembarking. (Rule 17)

 

(2) DAMAGE TO LUGGAGE

The carrier is responsible for damage sustained in the event of the destruction of loss of, or damage to any registered luggage or any cargo, if the event which caused the damage so sustained took place during the carriage by air (where the goods are in the charge of the carrier). (Rule 18)

 

(3) DELAY IN CARRIAGE

The carrier is liable for damages arise due to delay in the carriage by air of passenger, luggage or goods. (Rule 19)

 

LIMITS TO CARRIER’S LIABILITY

According to Rule 22, the carrier’s liability is limited to the following seems;

1. In the case of passengers- 1,25,000 francs.

2. In the case of registered luggage or goods —250 frames per kilogram.

3. In the case of goods in charge of the passenger — 5000 francs per passenger. (Rule 22)

 

The amount payable in francs will be converted into rupees at the rate of exchange prevailing on the data on which the court awards the damages.

 

A carrier cannot reduce his liability but may undertake a higher liability by a special agreement. (Rule 23)

 

WHEN NOT LIABLE

The carrier is not liable to pay damages if he proves that.

(1) He and his agents have taken necessary measures to avoid damages or loss; or

(2) It was impossible for him or them to take measures.

(3) There was contributory negligence on the part of the injured person. It such a case the court may exonerate the carrier, wholly or partially from liability.

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