RULES GOVERNING SHIPMENT BY SEA:
HAGUE RULES, HAGUE-VISBY RULES AND HAMBURG RULES
The nature of the Hague-Visby Rules was discussed by the House of Lords in The Hollandia [1983] AC 565 (HL). The plaintiffs (shippers) shipped a piece of road-finishing machinery on board a Dutch vessel, ‘The Morviken’, belonging to the defendant carriers to Bonaire in the Dutch West Indies. The bill of lading issued in England limited the carriers liability to Dutch Florins 1,250 ($250) which was less than the 10,000 Francs per package prescribed under Article IV rule (5)(a) of the Hague-Visby Rules. The 10,000 Francs is an increase from the 100pound fixed under the Hague Rules. In addition, the bill of lading carried an express clause submitting the
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Where the goods are in units, such as when the goods are cereals, liquids, or bulk goods, the units are reckoned according to the unit which is used to calculate the freight, such as, by cubic feet or by gallons. Each such unit will be used for the purpose of calculating the limitation upon the quantum of damages that is payable, under Article IV Rule 5.
The value of the goods is fixed according to the value of the goods at the relevant, time and place at which they were discharged according to the contract. The value is calculated according to the commodity exchange price prevailing at the relevant time and place. If such a price is not available, then the market price may be taken. If this too is not available, then the normal value of the goods of the same kind and quality is taken. Article IV Rule 5 recognises a right in the cargo owner to override the aforementioned limitation of liability, by declaring, before shipment, the nature and the value of the goods shipped, and having that declaration recorded on the bill of lading. Such a declaration puts the ship owner, as the carrier of the cargo, on notice, of the precise nature of the goods and their value. It also puts the ship owner on notice that the cargo owner does not consider that he is bound by the limitation of liability stated in the Hague-Visby Rules. In such a situation the cargo owner will be able to claim the full value of his loss.
Third, under the Hague Rules, the carrier who
If the carrier is sold after 15 years, the after-tax scrap value will be $4,367,728. This value was found by taking the known scrap value at year 15 of $5,000,000 and using the inflation rate to determine the scrap value in year 25. With this, the net present value for Ocean Carriers after 25 years will be –$6,872,291.
330-10-30330-10-30-1 The primary basis of accounting for inventories is cost, which has been defined generally as the price paid or consideration given to acquire an asset. As applied to inventories, cost means in principle the sum of the applicable expenditures and charges directly or indirectly incurred in bringing an article to its existing condition and location. It is understood to mean acquisition and production cost, and its determination involves many considerations. 330-10-30330-10-30-2 Although principles for the determination of inventory costs may be easily stated, their application, particularly to such inventory items as work in process and finished goods, is difficult because of the variety of considerations in the allocation of costs and charges.
Every business organization has a social responsibility in ensuring that the environment it operates in is protected. Many companies have identified that they have a major role to play in protecting the natural habitat and ensuring that business is not only about making profits. Some organizations are setting aside funds that are developed in the protection of the environment while other organizations are setting a tree-planting day as part of their annual calendar. Companies have legal and ethical responsibilities that guide the organization in making sure that the environment is taken care of. The natural resource depletion and the environmental pollution have led to conservation groups setting rules that govern the company in utilizing natural resources.
(TCO 4) Inventory valuation methods determine the cost of goods sold and the inventory balance. (1) Explain how the Average Cost method is applied (15 points) and (2) provide an example of the application of this method. (10 points) (Points : 25)
This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia. However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the
2.2 Inventories (AASB 1019) as a general principle, inventories are valued at the lower of cost (including fixed and variable factory overheads where applicable) and net realizable value. Cost is determined on the basis of first-in-first-out, average or standard, whichever is the most appropriate in each case.
(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603
This article analyzes and evaluates the principle of universal jurisdiction and the difficulties in its implementation. There is still a number of obstacles legal and non legal to proper and better implementation even if this principle is well known. About the principles of universal jurisdiction can something original or new be discovered or asserted? Universal jurisdiction is one of the talked topics in today’s world. Concept of universal criminal jurisdiction is very complex. When we talk about universal jurisdiction sovereignty also comes to raise its voice.
If cargo is rated as weight (metric tons = 1 ton = 1,000 kilogram) or volume metric (cubic meters, CBM) whichever produces the highest revenue will be considered the Revenue Ton (RT) on which the shipment is freighted. Weights are based on metric tons and measures are based on cubic meters.
7. Goods that are still in transit and were purchased FOB shipping point from a supplier on
1. Kennedy, Dissent(even though the K does not require payment against documents, it is necessarily implied by the term CIF, because otherwise the S would give up the goods, while B would still be able to reject them at the port of delivery, or would have to hold the B/L until goods were accepted, in violation of the K. This view was taken upon appeal to H of Lords.
One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.
Shipping and warehousing costs are currently assigned using tons of paper produced, a unit-based measure. Many of these costs, however, are not driven by quantity produced. Many products have special handling and shipping requirements involving extra costs. These costs should not be assigned to those products that are shipped directly to customers.
The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery. In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. The ship was delivered on 13 February 1957, sailing
What are the requirement(s) found in the U.S. constitution governing the President’s ability to enter into treaties with other countries, i.e. international legal agreements?