Search results
Results from the WOW.Com Content Network
The English common law established the concepts of consensus ad idem, offer, acceptance and counter-offer. The leading case on counter-offer is Hyde v Wrench [1840]. [ 3 ] The phrase "Mirror-Image Rule" is rarely (if at all) used by English lawyers; but the concept remains valid, as in Gibson v Manchester City Council [1979], [ 4 ] and Butler ...
The ship's articles (shipping articles, more formally the ship's articles of agreement) is the set of documents that constitute the contract between the seafarer and the captain (master) of a vessel.
The Hague Rules of 1924 effectively codified, albeit in a diluted form, the English common law rules to protect the cargo owner against exploitation by the carrier. Nearly 50 years later, the Hague-Visby "update" made few changes, so that the newer Rules still applied only to "tackle to tackle" carriage (i.e. carriage by sea) and the container ...
A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger. [1] Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure (removing liability for extraordinary occurrences beyond control of the parties). [2]
It may involve large amounts of money and requires brokers to possess knowledge of types of vessels and their function, knowledge of maritime law, as well experience in bargaining. To reduce the number of disputes and smoothen the sale and purchase procedure, normally the ship-owner (seller) and the buyer will appoint brokers as middlemen to ...
When determining the salvage award, an arbitrator follows the English law of civil salvage, which is itself subject to the Salvage Convention 1989, a successor to the original 1910 Convention. The value of the ship, its cargo and freight at risk are taken into account when the arbitrator decides what the award should be, together with the ...
The Hague Rules form the basis of national legislation in almost all of the world's major trading nations, and cover nearly all the present international shipping. The Hague Rules have been updated by two protocols, but neither addressed the basic liability provisions, which remain unchanged.
The result is that certain more-or-less common clauses in affreightment contracts have come before the courts, and decisions in these cases are treated practically [2] —though perhaps not logically—as rules of law that determine the meaning of certain common expressions in shipping contracts. The law acts in a third way—by laying down ...