RIGHTS AND OBLIGATION OF PARTIES UNDER THE CONTRACT OF CARRIAGE OF GOODS BY SEA

RIGHTS AND OBLIGATION OF PARTIES UNDER THE CONTRACT OF CARRIAGE OF GOODS BY SEA

TABLE OF CASES PAGES

Archbold (Freightage) Ltd. v. S. Spanglett Ltd
(1981) 1 Q.B. 374 41
Asfar v. Blindell (1896) 1 Q.B. 123 45
Boardance v. Phipps (1967) 2 A.C. 46 58
Casebourn v. Avery and Houston (1887) S.T.L.R. 795 41
Dakin v. Oxley (1864) 15 C.B.N. 648 44
Heskell v. Continental Express Ltd. (1950) 1 All
E.R. 1033 53, 54
Hong Kong Fir Shipping Co. Ltd. v. Kawosoki
Jisen Kaisha Ltd (1962) 2 Q.B. 26 26
Hunter v. Prinsep (1808) 10 East 378 43
Kopitoff v. Wilson (1876)1 Q.B.D. 377 24
Maxime Footwear Co. Ltd. v. Canadian
Government Merchant Ltd. (1959) 2 All E.R. 740 26
Naruma and Sons Ltd. v. Niger Benue Transport
Company Ltd. (1989) 2 NWLR (Pt. 106) 703 at 764 25,26
Notana v. Henderson (1872) LR 7 Q.B. 225 55
Okoronkwo v. Standard Bank of Nigeria Ltd (1947
N.C.L.R. 315 at 327 13
Rhodes v. Fielder, Jones and Harrison (1919)
89 LJ.K.B. 15 60
Sanders Bro’s v. Maclean (1883) 11 Q.B.D. 327 11
Scaramanga and Co. v. Stamp (1880)5 C.P.D.
295 at 315 31

TABLE OF STATUTES

Nigerian Statutes
Carriage of Goods Act Cap. C2, Laws of the Federation of Nigeria 2004.
Article 1
Article III
Rule 1 (a) (b) (c)
Rule 4
Rule 8
Article IV
Rule 1
Rule 4
Rule 6
Article V
Merchant Shipping Act Cap M II Laws of The Federation of Nigeria 2004, S. 363
Foreign Statutes
Australia Sea Carriage of Goods Act 1904
Canadian Water Carriage Act 1910
Hague – Visby 1968
Article IV
Rule 2
Rule 3
Rule 4
Harter Act 1895
Merchant Shipping Act of England 1844, S. 493
New Zealand Seaman Act 1908
United States of Carriage of Goods By Sea Act.

TABLE OF CONTENTS

PAGES

Title Page i
Certification ii
Approval iii
Dedication iv
Acknowledgement v
Table of Cases vi
Table of Statutes viii
Table of Contents x
Abstract xiii

CHAPTER ONE

The Nature of the Contract of Carriage of Goods by Sea
1.1 Introduction 1
1.2 Definition 2
The Distinction Between Contract of Carriage
of Goods by Sea from other Contracts 4
1.4 Types of Contract of Carriage 7
1.5 The Scope of the Act 14

CHAPTER TWO

The Rights and Duties of Parties Under the Contract of Carriage of Goods by Sea
2.1 The Rights and Responsibilities of the Carriage 17
2.2 The Carrier’s Responsibilities 21
2.3 The Carrier’s Immunities 34
2.4 The Rights of the Carrier 37
2.5 Limitation of Liability 37

CHAPTER THREE

Duties of the Shipper
3.1 Duty to Engage In Lawful Trade 40
3.2 Duty to Tender Cargo 41
3.3 Duty to Pay Freight 42
3.4 Duty to Supply Information 45
3.5 Duty Towards Dangerous Goods 47
3.6 Rights of the Shipper 48
3.7 Immunities of the Shipper 49

CHAPTER FOUR

The Role of Agents in the Contract of Carriage of Goods by Sea
4.1 Definition of Agency 51
4.2 Types of Agents 52
4.3 Duties of An Agent 58
4.4 Liability of Agents Under Carriage of Goods 60
4.5 Independent Contractors 61

CHAPTER FIVE

Summary, Recommendations and Conclusion
5.1 Summary 65
5.2 Recommendations 69
5.3 Conclusion 70
Bibliography 72

ABSTRACT

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.

CHAPTER ONE

THE NATURE OF THE CONTRACT OF CARRIAGE OF GOODS BY SEA

1.1 INTRODUCTION

Man has always been by his nature an interactive and interdependent being, and trade has been one of those means by which he interacts and shows his interdependency. He engages in the exchange of goods and services for a valuable consideration.

The concept of international trade is not new to man, only that here, this form of exchange seems to resonate on a much broader platform involving a complex web of structures and processes which makes this sort of transaction possible and one of this structure is the carriage of goods by sea, thus it is important to point out that, this form of transportation of goods is not only vital to international trade, but it also forms an integral part of it, that the absence it would make international trade very difficult to undertake.

Though our focus is the rights and obligations of parties under the carriage of goods by sea, full appreciation of this rights and duties will not be attained, if some attention is not given to highlight the nature of this form of transaction.

1.2 DEFINITION

The contract of carriage of goods by sea can easily be seen as a contract involving two parties who for an agreed sum agree to be bound by the terms reached by them. But this definition may be very misleading, for though the contract of carriage involve this important element it is not the same as the usual contracts reached and agreed by parties.

Perhaps looking at some definitions posed by some authorities, more light would be shed on the nature of this kind of contract. Clive M. Schmitthoff tried to give a vivid description as to the nature of this contract, here he said that a contract of carriage entails a situation where an exporter concludes with a ship owner to carry goods in his ship from one port to another, usually overseas, such contract is known as the contract of carriage by sea. R.M. Goode on the other hand sees a contract of carriage involving two parties the shipper and the carrier. The shipper is the person to whom the carrier undertakes the duty of transporting the goods.

Black’s Law Dictionary defines it as an agreement for carriage of goods by water, which may employ a bill of lading, a charter party or both to ship goods.

Finally, Article 1 Carriage of Goods By Sea Act defines contract of carriage as those that:
“Apply only to contracts covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under a pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same”.

REFERENCES

BOOKS

Bradgate, R. Commercial Law, 2^nd Edition. London: Butterworths (1995).

Carver Carriage By Sea, 12^th Edition. London: Stevens and Sons (1971).

Chuah, J.C.T. Law of International Trade. London: Sweet and Maxwell (1998).

Fridman, G.H.L. the Law of Agency, 7^th Edition. London: Butterworths (1996).

Goode Commercial Law. London: Penguin Books (1982).

Ivamy, H.E.R. Payne and Ivamy’s Carriage of Goods by Sea, 12^th Edition. London: Butterworths (1985).

Orojo, O. Nigerian Commercial Law and Practice. Ibadan: Spectrum Law Series.

Schmitthoff, C.M. Schmitthoff’s Export Trade The Law and Practice of International Trade, 9^th Edition. London: Stevens and Sons (1990).

Schmitthoff, C.M. and Sarve P.A.G. Charlesworth’s Mercantile Law, 19^th Edition. London: Butterworths.

ARTICLES

Falase – Aluko: “The Applicability of International Cargo Conventions in Nigeria”, In the Modern Practice Journal of Finance and Investment Law Quarterly Comparative Review of Law and Practice) Vol. 2, No. 3, July 1998.

Onyeakagbu, A.I. “The Contribution of Hague Rules to the Development of Law of Carriage of Goods by Sea”. In the Igbinedion University Law Journal. Vol. 2, September 2004.

SPECIAL REFERENCE BOOKS

Black’s Law Dictionary, 8^th edition.

Black’s Law Dictionary, 6^th edition.

Encarta Student 2007 Encyclopaedia Microsoft Vista.

Halsbury’s Laws of England, 4^th Edition, Vol. 5. London: Butterworth, 1993.