Legal Case Study Essay

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Legal Case Study This case is about the disagreement between Simpsons Ltd v Thowers Ltd. The carrier’s liabilities will be discussed in three parts, firstly to resolve the problem, I am going to give a short description of the main components of the contract of carriage of goods by sea Act 1971, secondly I will decide which of the Hague Visby rules or the Common law is applicable, and to finish I am going to apply the rules in looking for the liabilities of the carrier by searching the …show more content…
A) Conditions of the application Hague Visby rules.

The Hague Visby rules do apply if :

Art 1 (Carriage of Goods by Sea Act 1971)

* The contract is based on a bill of lading or any other document of title.

* Carriage of Goods by Sea is between ports in two different states.

* The goods are not live animals

* If the contract of carriage stated as being carried on deck and is so carried.

B) Effect of the exclusion clause

In the case, one clause could put in balance the use of the Hague Visby rules. In fact it is on the first bill of lading “ five containers containing engine parts, liberty to carry on deck”, we have to check if the shipper could carry on deck or not.

The case Simpsons v Thowers complete the first three obligations if we want Hague Visby rules apply. In fact, the contract is regulated by a bill of lading, which has been signed in two parts from contracting states and the goods capacity conform with the law (no live animals or dangerous goods). There are engine parts and 1,000 gallons of paint.

However, with the clause “liberty to carry on deck”, we could ask them in this particular case if the Hague Visby rules cannot apply.

In fact, the clause “liberty to carry on deck” is inadequate even if the contract stated that goods are being carried on deck and are so carried, the Hague Visby rules do not

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