Introduction to Maritime Law (pdf)
Added on 2019-12-28
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MARITIME LAW
Table of ContentsIntroduction.....................................................................................................................................3Main Body.......................................................................................................................................3Conclusion.......................................................................................................................................6References........................................................................................................................................72
INTRODUCTIONMaritime law is the body that regulates the maritime activities. It looks upon theoperations related to vessels on the oceans. It is the field that deals with marine commerce,marine salvaging, transportation of passengers and goods by sea. Present report is based on theBart Shipping Pty Ltd which is engaged in the marine shipment business that transfer the goodsfrom one place to another (Mandaraka-Sheppard, 2014). Current assignment will discuss therights and liabilities of Bart Shapping Pty Ltd and Yeung. Individual issues of both parties willbe illustrated in this study and law related to this case will be presented in this report. In addition,it will describe why the claim is not justified and legal principals will be described in this report.MAIN BODYA contract is made between Bart Shipping Pty ltd and Mr. Yeung is made in Adelaide onvoyage terms for carrying the 7000 steel coils from Adelaide to Hong Kong (Maraist and et.al.,2016). It was decided in the terms that 75% payment will be made on shipment and remaining25% on the true delivery of cargo. It was decided that cargo on board and discharge the cargowill be free of expense to the vessel. Arbitration clause is also here which explains that in case of any dispute arbitrationprocess will be followed and issue will be resolved by the arbitrator (Robertson and Sturley,2013). The contract has been made between both parties which explains that condition,exceptions and terms of the written contract between both parties. In the bill of lading over-stamped was done by shipper. Himalaya clause is also here which is for the benefit of third partywho is not involved in the contract. It is for the benefits of crew, employees, agents related to themaritime matters (Hong, 2015). Master of the ship was unfamiliar with the carriage of steel thatis why this clause is applicable. Banks always accept the clean bills and if there is any mistake in the bills then financialinstitutes do not pass the bill. Here in the case there is problem in the bill of lading and that iswhy bank has rejected the bill. As it was the agreement of 7000 steel coil shipment built it wasover stamped by the shipper at 8000 steel coils (Sohn and et.al., 2014). After negation Yeung hasaccepted the goods at reduced price from the Bart Shipping Pty. After Ernest arrived in the HongKong then it was noticed that there were only 6000 coils and rest were damaged.3
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