LW604-7-AU-CO:
Carriage of Goods By Sea

PLEASE NOTE: This module is inactive. Visit the Module Directory to view modules and variants offered during the current academic year.
The details
2023/24
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Inactive
Thursday 05 October 2023
Friday 15 December 2023
15
27 May 2022

 

Requisites for this module
(none)
(none)
LW603
(none)

 

(none)

Key module for

(none)

Module description

The module follows the International Sale of Goods module LW603 with another key contract in international trade, the carriage contract.

It starts with a focus on bills of lading, a unique document in law carrying with it title rights to goods with the ability to sell goods in transit and the ability to transfer rights of suit under the contract of carriage. It then moves to charter parties, recognising the need of major international sellers to charter entire vessels for the transfer of cargo rather than 'booking space'.

Module aims

The primary objectives and outcomes of this module are:

1. To provide students with knowledge of the carriage contract and place that within the matrix of international shipment sales including the insurance and finance of international trade;
2. To interpret domestic and international legislation relating to the international carriage of goods by sea;
3. To consider the different types of standard contracts from BIMCO (the Baltic and International Maritime Council) both bills of lading, such as the Conline Bill 2000/2016 and charterparties such as Gencon 1994;
4. To appraise and evaluate bills of lading and their unique functions in the international sale of goods carried by sea;
5. To develop competent research skills so that students can describe and justify legal reasoning with the support of cases and scholarly work.

Module learning outcomes

The primary objectives and outcomes of this module are:

1. To provide students with knowledge of the carriage contract and place that within the matrix of international shipment sales including the insurance and finance of international trade;
2. To interpret domestic and international legislation relating to the international carriage of goods by sea;
3. To consider the different types of standard contracts from BIMCO (the Baltic and International Maritime Council) both bills of lading, such as the Conline Bill 2000/2016 and charterparties such as Gencon 1994;
4. To appraise and evaluate bills of lading and their unique functions in the international sale of goods carried by sea;
5. To develop competent research skills so that students can describe and justify legal reasoning with the support of cases and scholarly work.

Module information

Indicative Syllabus

1. Introduction
The different types of carriage contracts including bills of lading and charterparties; introduction to the UK Carriage of Goods by Sea Acts 1971 and 1992 and international legislation from the UN.

2. Bills of Lading
The issuance, contents and role of bills of lading in international sale of goods carried by sea including its function as a receipt, as a document of title and as the contract of carriage for the goods.

3. Implied Obligations
Obligations imposed on carriage parties including the seaworthiness of the vessel, reasonable despatch, deviation, safe ports and dangerous goods.

4. Hague Visby Rules
In depth look at the UN conventions dealing with international carriage with the focus on the Hague Visby Rules. Reference will also be made to the Rotterdam Rules, a regime not yet in force, and the improvement it has attempted to make.

5. Charterparties – Time Charters and Voyage Charters
Analysis of time charters including unique features such as the Off Hire Clause – analysis of voyage charters with emphasis on Laytime and Demurrage.

Textbooks of interest may be Shipping Law, by Baughen and Carriage of Goods by Sea by Wilson. We will also be scrutinising the UK Carriage of Goods by Sea Acts 1971 and 1992 as well as the UN Hague Visby Rules 1979. Students will be directed to other related materials throughout the course. The reading and work for each workshop will be issued in advance and should be completed by the student prior to the session.

Learning and teaching methods

This module will be taught via weekly 2-hour seminars. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.

Bibliography

The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Coursework weighting

Exam format definitions

  • Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
  • In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
  • In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
  • In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Durand Cupido, email: d.cupido@essex.ac.uk.
Dr Durand Cupido and Dr Lijie Song
lawpgtadmin@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Prof Duncan Sheehan
University of Leeds
Professor
Resources
Available via Moodle
No lecture recording information available for this module.

 

Further information
Essex Law School

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