Law abstracts Essay Example | Topics and Well Written Essays - 3000 words

Law abstracts - Essay Example The resulting document was described on its face as a bill of lading and consisted of three documents. The form was partially consistent with a traditional bill of lading, but was essentially a straight bill of lading. In an action for damages for the printing equipment, the plaintiff sought to rely on the Hague/Visy Rules. Outcome: In the hearing of first instance, an arbitral panel ruled that since the agreement for shipment was concluded by virtue of a straight bill of lading, the Hague Visby Rules were inapplicable. This decision was upheld the Commercial Court upon appeal. The Commercial Court ruled that the straight bill of lading was not within the parameters of Article 1(b) of the Hague/Visby Rules. The Court of Appeal reversed the Commercial Courts ruling and the defendant appealed to the House of Lords. In a unanimous decision, the House of Lords confirmed the decision of the Court of Appeal. The House of Lords ruled that, at the time of drafting and implementing the Hague/ Visby Rules, straight bills of lading were in widespread use among carriers and consignees. Had the drafters of the Hague/Visby Rules intended to exclude the Rules applicability to straight bills of lading, it would have specifically said so. ... In this regard, a straight bill of lading was covered by the Rules if it was either a bill of lading or some other document of title revealing the rights and duties of the parties. Commentary on the Case: Schmitz argues that the straight bill of lading is usually rejected as a formal bill of lading because it is usually non-transferrable. However, the House of Lords ruling in the Rafaela demonstrates the need for flexibility as technological advancements have changed the character and form of traditional bills of lading and it is now necessary to analyse content as opposed to form to determine whether or not a document can be regarded as a bill of lading or a similar document of title.1 Dockray also argues that the Raefela also cleared up â€Å"longstanding doubts† that a straight bill of lading was a bill of lading under the Hague/Visby Rules.2 The meaning of Seaworthiness pursuant to Article 3(1) Hague/Visby Rules Actis Co. Ltd. v Sanko Steamship Co. Ltd. (The Aquacharm) [19 82] 1 WLR 119. Plaintiff: Actis Co. Ltd. Defendant: Sanko Steamship Co. Ltd. (The Aquacharm) Facts: In 1971, the defendant deployed the Sanko on a time charter to transport a shipment of coal to Japan from the US. The charterers required that the ship be loaded to the draught which was permitted by the Panama Canal Company. The ship’s master permitted 43,000 tonnes of coal but failed to take into account the fact that the ship’s bow had a tendency to lean when passing out of salt water into fresh water during its journey through the Panama Canal while transporting the coal. As a result, the plaintiff’s cargo was delivered later than the time stipulated for delivery. Therefore the plaintiff sought damages for expenses