Transportation is an integral factor in international trade and the contract of carriage of goods by sea, forms part of the complex web of transactions witnessed at international trade. The purpose of this project is to illuminate the nature and the inherent features present in the contract of Carriage of Goods by Sea and to also highlight the rights as well as the duties owed by the parties. It also seeks to point the obligations the law imposes on the parties as well as the liabilities they would incur on the event of breach in this form of contract.
1.1 Background Of The Study
A contract of carriage is a contract between a carrier of goods or passengers and the consignor, consignee or passenger. Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure. Among common carriers, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document.
The Carriage of Goods by Sea Act (“COGSA”) is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the “Hague Rules”. It was found in Title 46 Appendix of the United States Code, starting at Section 1301, but has been moved to a note in 46 United States Code 30701.
The United States Congress, concerned that the Hague Rules did not offer shippers enough protection against damage to cargo by shipowners, amended the Hague Rules in a number of minor, but important, ways. It increased the amount that shipowners would have to pay cargo owners for damage in transit from GBP 100 per package to USD 500 per package or, for goods not shipped in packages, per customary freight unit. This “package limitation” has become one of the most contentious and litigious areas in the field of cargo damage, particularly as it relates to the transportation of goods by ocean shipping containers.
1.2 Statement Of The Problem
The statement of problem of this research work is to analyzing all the contract of carriage of goods by sea instead of the other contract of carriage which are land, air.
1.3 Research Questions
The research questions of this project are:
1. What is contract of carriage of goods
2. What are the type of carriage
3. What are the different right and duties of carrier’s
1.4 Objectives Of The Study
The objective of this project is as stated below:
1. To examine the contract of carriage of goods by sea
2. To see the type of carriage
3. To examine the different right and duties of carrier’s
1.5 Scope Of The Study
The scope of this study is center on the right and obligations of the parties under the contract of carriage of goods by sea and other carriages, examining the rights and responsibilities of the carriage, carrier’s right and immunities.
1.6 Significance Of The Study
The international carriage of goods by sea has played and continues to play an extremely important role in international commercial law. Hence a study of the different types of sea carriage contracts and the legal liabilities of the parties to a contract of carriage is essential to provide a rounded picture of international commerce. The project considers the legal relationship between the parties to a contract of carriage within the framework of the common law, mercantile custom, and international conventions. In particular, the course will be concerned with voyage and time charter-parties and the obligations of the parties, bills of lading, the Carriage of Goods by Sea Act 1992 and the Hague/Visby Rules as implemented by the Carriage of Goods by Sea Act 1971, the Hamburg Rules and the Rotterdam Rules.
1.7 Research Methodology
The methodology used in this study is the historical research method. It used primary and secondary data collection sources. Since marriage is universally recognized as the basis of group life and as a requirement for human survival, primary sources of data collection would be drawn from oral interviews of respondents as a reliable means of understanding individual perception of the subject. The legal effects of customary marriage in Nigeria have attracted the attention of a considerable body of literature.
This study would examine relatively recent publications in books, newspaper articles and unpublished theses relevant to the study data that would be collected, organized and analyzed critically.
1.8 Limitations Of The Research Work
During the course of this research work, some constraints were encountered. Most prevailing among the constraints is the limited time for the conclusion of the study; other factors considered as challenging in the cause of this work include the following;
1. Financial implication of the research work.
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