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Marine Law Kyokuyo Co Ltd

   

Added on  2020-05-28

5 Pages1033 Words31 Views
Running head: MARINE LAWMarine LawName of the StudentName of the UniversityAuthor note

1MARINE LAWKyokuyo Co Ltd v A.P Moller – Maersk [2017]The case of Kyokuyo Co Ltd -v- A.P Moller – Maersk A/S [2017] EWHC 654 presents asituation wherein the parties have disagreed on regulations application where the limits ofliability there under fell (Katsivela 2017).In this case, the Plaintiff brought a claim against the defendant stating that there was acause of failure on the part of the defendant who had to supply the ordered tuna in such acondition which were essentially required for maintain good quality (Goettlich 2015). When theplaintiff had received the tuna, it was not in a packaged form. The claims that were stated by thePlaintiff were made on the grounds that are governed by Article I to VIII of the Hague rulestaking into account any necessary accomplishment and application of the Hague-Visby rules.After over viewing the issues of both the parties, the Judges concluded that where an issue of billwas obligatory by the contract of carriage when asked in the same manner, the Hague-Visbyrules will be applied. Hague Rules and Hague-Visby rules are applicable in this particular case.Andrew Baker, the judge ruled in favor of the plaintiff, Kyokuyo Co Ltd. It was jointly agreedupon the fact that the shipper was responsible for the care and carriage of the goods by sea thatwas stuffed into the container during the process of preparation. The judge also ruled that thesubmission to which there was no existent relation to the right of bill or landing and anagreement that had been issued instead of a bill of landing (Aikens, Lord and Bools 2015).Therefore, it was treated as a claim that failed to make demand for any material that wasirrelevant. From the findings, it was extracted that in relation to the mandatory completion ofHague-Visby rules should be implemented rather than The Hague rules in such situations where

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