- •Table of Cases
- •Table of Statutes
- •Table of Statutory Instruments
- •Table of European Legislations
- •Table of Statutes and Other Instruments
- •Table of Abbreviations
- •Preface
- •Introduction
- •Overview
- •1 Standard Trade Terms
- •Introduction
- •Ex works
- •CIF contracts
- •CIF contracts under INCOTERMS 2010
- •C&F contracts
- •C&F and INCOTERMS
- •FOB contracts
- •Variants of an FOB contract
- •FAS contracts
- •Conclusion
- •Further reading
- •2 The Vienna Convention on the International Sale of Goods 1980
- •Introduction
- •The Vienna Convention
- •Conclusion: Recent international initiatives
- •Further reading
- •Overview
- •Introduction
- •Policy considerations, e-commerce and international regulatory measures
- •Electronic data interchange (EDI) and interchange agreements
- •UNCITRAL model law on e-commerce
- •Other international initiatives – the International Chamber of Commerce
- •The EU directive on e-commerce
- •The United Nations Convention on the use of electronic communications in international contracts
- •Conclusion
- •Further reading
- •Introduction
- •Electronic signatures and UNCITRAL
- •The EU directive on electronic signatures and the UK legislation: Electronic Communications Act 2000 and the Electronic Signatures Regulation 2002
- •Electronic medium and computer misuse
- •Conclusion: a bright future for e-commerce?
- •Further reading
- •Overview
- •Introduction
- •Types of charterparties
- •Common law implied obligations in a voyage charterparty
- •Common law immunities
- •Usual express terms
- •Conclusion
- •Further reading
- •6 Bills of Lading
- •Introduction
- •Nature of a bill of lading
- •Rights and liabilities of consignee/endorsee
- •The Carriage of Goods by Sea Act 1992
- •Bills of lading and fraud
- •Electronic data interchange (EDI) and the Carriage of Goods by Sea Act 1992
- •Conclusion
- •Further reading
- •7 Bills of Lading and Common Law
- •Introduction
- •Implied obligations on the part of the shipowner
- •Implied obligations on the part of the shipper
- •Common law exceptions
- •Contractual exceptions
- •Other terms in bills of lading
- •Conclusion
- •Further reading
- •Introduction
- •Limitation of liability
- •Scope of application
- •Contracting out
- •The future
- •Further reading
- •9 The Hamburg Rules and the Rotterdam Rules
- •Introduction
- •The Hamburg Rules
- •Scope of application
- •The Rotterdam Rules (The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea)
- •Conclusion
- •Further reading
- •10 International Carriage of Goods by Air
- •Introduction
- •The Warsaw system
- •Approach to interpretation of the Warsaw Convention in the English courts
- •Scope of application of the Warsaw Convention (unamended and amended versions)
- •Contracting out
- •Documentary responsibilities
- •Air waybill and negotiability
- •Electronic data interchange (EDI) and the Warsaw regime
- •Carrier liability
- •Proceedings
- •The Montreal Convention
- •Further reading
- •11 International Carriage of Goods by Rail
- •Introduction
- •Interpretation of the CIM
- •Scope of application
- •Documentary responsibilities
- •Electronic data interchange (EDI) and the CIM rules
- •Contracting out
- •Proceedings
- •Conclusion
- •Further reading
- •12 International Carriage of Goods by Road
- •Introduction
- •Interpretation of the CMR by the English courts
- •Scope of application
- •Contracting out
- •Documentary responsibilities
- •Electronic data interchange (EDI) and the CMR
- •Proceedings
- •CMR – the future
- •Further reading
- •13 International Multimodal Transport
- •Introduction
- •Freight forwarder – agent or principal?
- •Fiata negotiable multimodal bill of lading
- •Conclusion
- •Further reading
- •Overview
- •14 Marine Insurance
- •Introduction
- •Scope and nature of marine insurance contracts
- •Principles of marine insurance law
- •Warranties on the part of the insured – implied and express
- •Deviation
- •Liability of insurer
- •Institute cargo clauses (A), (B) and (C)
- •Conclusion
- •Further reading
- •15 Letters of Credit
- •Introduction
- •Open account
- •Bills of exchange
- •Documentary bill
- •Letters of credit
- •Performance bonds/guarantees and standby letters of credit
- •Other means of minimising risk of non-payment
- •Conclusion
- •Further reading
- •Overview
- •16 Civil Jurisdiction
- •Introduction
- •Submission by appearance
- •Ordinary contracts
- •Tort claims
- •Ancillary jurisdiction
- •Jurisdiction clauses
- •Simultaneous actions
- •Interim relief
- •Conclusion
- •Further reading
- •17 Choice of Law
- •Introduction
- •The proper law – express choice
- •The proper law – implied choice
- •The proper law – closest connection
- •Particular issues
- •English public policy and overriding mandatory rules
- •Certain particular types of contract
- •Torts and restitutionary obligations
- •Conclusion
- •Further reading
- •18 Foreign Judgments
- •Introduction
- •European judgments
- •External judgments
- •Conclusion
- •Further reading
- •19 Arbitration
- •Introduction
- •Characteristics
- •Arbitration in international commercial contracts
- •Arbitration under English law
- •Foreign arbitral awards
- •Conclusion
- •Further reading
- •Introduction
- •International developments
- •Developments in England
- •Features and associated issues
- •Mediation online
- •The EU Directive on mediation in civil and commercial matters
- •Conclusion
- •Further reading
- •Overview
- •21 Fighting Corruption in International Business
- •Introduction
- •The OECD Convention
- •The OECD and the UK Bribery Act 2010
- •The UNCAC
- •Business codes of conduct
- •Conclusion
- •Further reading
- •Appendix 7
- •Index
FURTHER READING |
| 429 |
Clause 1.3 provides cover for total loss of any package washed overboard or dropped while loading onto, or unloading from, the vessel or craft.
Under cll 1.2 and 1.3, the causal requirement is one of proximate causation.123
Institute Cargo Clauses (C)
Under this set of Cargo Clauses, cover available under cll 1.1.6, 1.2.3 and 1.3 of Institute Cargo Clauses (B) is not available. Further, cover under cl 2.2 of Institute Cargo Clauses (C) is restricted to jettison and does not extend to washing overboard as in Institute Cargo Clauses (B).
The Institute Cargo Clauses (A), (B) and (C), as stated earlier, do not include war risks or strike risks.
Should the cargo interest wish to obtain cover for war or strikes, specialised trade terms, such as Institute War Clauses (Cargo) and Institute Strikes Clauses (Cargo), are available.
Conclusion
So far, the obligations and liabilities of the parties to a bill of lading and marine insurance policy – the two documents that play a central role in CIF contracts – have been considered. Nothing, however, has been said about the ways in which the buyer pays the seller for the goods. Chapter 1 mentioned in passing that payment normally takes place against the tender of documents. Chapter 15, therefore, deals with the different payment mechanisms and focuses on letters of credit – the most popular method of payment in international sales since they are widely perceived as a secure method of payment due to the involvement of a bank – a reliable third party.
Further reading
Bennett, ‘The role of the slip in marine insurance law’ [1994] LMCLQ 94. Bennett, The Law of Marine Insurance, 2006, OUP.
Brooke, ‘Materiality in insurance contracts’ [1985] LMCLQ 437.
Clarke, Law of Insurance Contracts, 5th edn 2006, Informa Maritime and Transport. Clarke, ‘Recession: inducement and good faith’ [2004] CLJ 1.
Condon, ‘The making of the marine insurance contract: a comparison of English and US law’ [1986] LMCLQ 484.
Diamond, ‘The law of insurance – has it a future?’ [1986] LMCLQ 25. Forte, ‘The materiality test in insurance’ [1993] LMCLQ 557. George, ‘The new Institute Cargo Clauses’ [1986] LMCLQ 438.
Hasson, ‘Subrogation in insurance law – a critical evaluation’ (1985) 5 OJLS 416. Hodges, Cases and Materials on Marine Insurance Law, 1999, Cavendish Publishing. Koh, ‘Insurable risks and the new Institute Cargo Clauses’ [1988] JMLC 287.
Lloyd-Bostock, ‘The ordinary man and the psychology of attributing causes and responsibility’ (1979) 42 MLR 143.
McGee, ‘The proposer’s duty of utmost good faith after Pine Top’ (1995) 4 Insurance Law and Practice 95.
123 See ‘Doctrine of proximate causation’, above.
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MARINE INSURANCE |
McKellar, ‘Marine insurance – an ancient art that meets modern demands’ [1986] Victoria University of Wellington LR 16.
Merkin, Marine Insurance Legislation, 3rd edn, 2005, Informa Professional. Mustill, ‘Fault and marine losses’ [1988] LMCLQ 310.
O’May, ‘The new marine policy and Institute Clauses’ [1985] LMCLQ 191. O’May, ‘Marine insurance law: can the lawyers be trusted?’ [1987] LMCLQ 29.
Schoenbaum, ‘The duty of utmost good faith in marine insurance law: a comparative analysis of American and English law’ (1998) 29 JMLC 1.
Soyer, Warranties in Marine Insurance, 2nd edn, 2005, Cavendish Publishing. Stone, ‘The proper law of a marine insurance policy’ [1984] LMCLQ 438.