International Maritime Law Article 2022

Running head- MARITIME LAW
Maritime Law
Name of the Student
Name of the University
Author Note
1.

Maritime Law1
Fact
 On 15th January 2020, Krittanai Thai Limited (KIT) enters into a sale contract with
the Down Under Pty Ltd (DU) to buy 385 tons of Australian ground coffee.
 On 20th January 2020 DU enters into a voyage charter with the TM Taunton (TMT) of
New Zealand for the ship South sea in order to carry the consignment from Australia
to Thailand.
 TMT was not the owner, but they had a two-year time charter party with the Para
Sumantra (PS). And they had a ten year Charter party with the Sea Shipping Limited
(SSS)
 On 24th January 2020, Du executes the delivery to the depot of the Sean Son Pty Ltd
(SSPL) of UK who was an agent of the SSS.
 Treasure Stevedoring Pty Ltd (TS) was employed by the SSS and SSPl in order to
pack the 385 tons the ground Coffee beans.
 The containers confined 275 hessian bags, with each bag containing 70 kilos of the
coffee beans. Altogether there were 20 containers, but all were stuffy.
 At the time of landing, KIT handed the bill of landing that was endorsed by DU.
However, it was found out that the bags in the 16 containers were damaged due to
condensation and the remaining four containers were broken.
 KIT and SSS jointly owned the Surveyors. It was improbable as the kraft paper were
not sufficient to prevent the damage. As to the damage to the remaining four
containers, it was seen that heavily rusted twist logs were used.
 Following it, the damage occurs due to the motion of the ship.

Maritime Law2
Issues
The primary issues arising in the following case include the following:-
1. Will KIT be eligible to sue SSS for taking all the necessary steps for packing and
loading the cargoes in Australia?
2. Will SS be liable for the damages to the consignments.
Rules
The legislation that is applicable in the following case is as follows:
 Carriage of Goods Act by Sea Regulation 1998
 The United Nations Convention on Contracts for the International Sale of Goods
Under the Carriage of Goods Act, it governs the sale, and the trade of the goods that are
delivered through the process of shipping and the CISG governs the contract between the
international sellers and their business that is governed by the shipping.
Under article 3 of the Carriage of Goods Act states that the carrier of the ship shall be
obligated to maintain the due diligence of the carrier where the items shipped are ship
worthy, properly equipped for the supply procedure and it is holding some kind of
refrigerated items or some goods that requires preservation. About the Article 4 of the
Act, the carrier that is carrying the ship shall be properly equipped, and the discharge of
the goods and the package of the goods shall be done carefully that does not affect ts the
shipment procedure of the ship (Sefara 2014). Their duty also involves into handling the
necessary documents and charge for the shipment to the buyer that states specifically the
number of goods, all the specifications that were used for packaging purposes, the correct
amount of the quantity of the goods and leading mark or any kind of identification
necessary for furnishing the goods. It shall also include the number of packages, pieces