NMS306-Implications of carriage on deck under Hague-Visby rules

 You are required to write an essay addressing the task below.

The Motor Yacht Company, based in the United Kingdom, agrees to sell 10 16-metre motor yachts to a brokerage in Australia. The Motor Yacht Company books cargo space on the vessel Unstable of Deep Sea Shipping Company (Liverpool) Ltd.

The yachts are stowed as deck cargo on board the vessel whilst the ship is in Liverpool. The Bill of Lading issued in Liverpool confirms that they have been received in “apparent good order and condition.”.

En-route the vessel encounters bad weather, during which time they receive a ‘Mayday’ call. During the recovery of crew members from the stricken vessel, a number of yachts are washed overboard. On arrival, 7 yachts are offloaded from the Unstable. The Motor Yacht Company makes a claim against the Deep Sea Shipping Company (Liverpool) Ltd for the loss of 3 yachts.

In your essay you should address the following points:

• Examine whether the contract of carriage is subject to the Hague-Visby Rules;

• Discuss the implications of carriage on deck under the Hague-Visby rules

• Given the facts of this case, to what extent, if any, would the Deep Sea Shipping Company (Liverpool) Ltd. be liable for the loss of the cargo?

The word limit is 1,500 words +/- 10%. This excludes the list of references. You are expected to make use of both primary and secondary legal sources. You are to use the HARVARD style of referencing, making sure that you paraphrase and cite sources correctly. Direct quotations should be used sparingly and cited in accordance with the referencing guidelines. Harvard referencing information can be found here: https://www.plymouth.ac.uk/student-life/your-studies/essential-information/regulations/referencing

Learning Outcomes

This essay relates to the following module learning outcome:

1. Correctly identify the maritime law relevant to managing a given scenario

Suggested Reading 

Talley, W. (2012) The Blackwell Companion to Maritime Economics, Chichester: Blackwell Publishing

Todd, P. (2015) Principles of the Carriage of Goods by Sea, London: Routledge

Wilson, J. (2010) Carriage of Goods by Sea, (7th edn) Harlow: Pearson 

Where possible these are available in the library, or as e-books. Those in bold are suggested as core reading. 

Grammenos, C. (2010) The Handbook of Maritime Economics and Business (2nd edn), London: 

Informa Law

Stopford, M. (2008) Maritime Economics, (3rd edn), London: Routledge 

Talley, W. (2012) The Blackwell Companion to Maritime Economics, Chichester: Blackwell Publishing 

Todd, P. (2015) Principles of the Carriage of Goods by Sea, London: RoutledgeWilson, J. (2010) Carriage of Goods by Sea, (7th edn) Harlow: Pearson 

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