- •Frauds with documents and cargo. Four scenarios.
- •Common law obligations of carriers. Common Law exemptions from carrier’s liability.
- •The objectives of the Hague-Visby Rules. Liabilities of carrier under the Hague-Visby Rules.
- •The exemptions from the carrier’s liability under the Hague-Visby Rules: Article 4, Rule 2(a).
- •Types of loss. Examples of actual total loss and constructive total loss.
- •Particular average: definition. Particular average compared to general average. Examples.
- •The main objectives of the York-Antwerp Rules. Rule a: ga definition.
- •Extraordinary expenditures and sacrifices. Examples.
- •Interested parties in ga and their relative interests in the maritime venture.
- •Documents and evidence required from a ship in a case of ga.
- •Collisions: definitions. Evidence prior to a collision and after a collision.
- •Sea protest. The procedure and the purposes of noting a sea protest.
- •Evidence required in a collision when a vessel is under pilotage, anchored or moored.
- •18.Interactive Root Cause Analysis illustrated with one of the cases.
- •The main purpose of accident investigation and the main reasons for doing it.
- •20. Reporting incidents and accidents on board. The key stages in the accident investigation.
- •4. 3 Purposes for deviation from the route of the voyage.
- •8.Ga contribution , bond and guarantee.
- •9.Ga adjuster and ga adjustment.
- •10.Ship’s agents and surveyors in ga.
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Frauds with documents and cargo. Four scenarios.
The Fraudsters create a fake set of Bills of Lading that looks like original which want to take delivery of cargo in advance of the original Receiver.
Scenario 1:
This fraud may have received some «Insider» assistance, because the Fraudsters will need original key information. To know that they can deliver cargo to discharge port. And after that the Shipowner and original Receiver left to fight who will cover the loss.
Scenario 2:
The Fraudsters will create a genuine looking Bills of Lading or other Cargo Documents copying corporate styles and logos including original ship and shipment details. They will appear to will informed about carrying cargo. For example: they can offer to sell a cargo that is not on board,because the vessel carrying other cargo.
Scenario 3:
The Master must be carefully when sign the Bill of Lading and Mate’s receipt because for example the cargo of cars may be new but inside the cars may be old engine and it is fraud.
Scenario 4:
Trojan container. We can see in Bill of Lading one type of cargo , but inside the container may be different cargo.
Inside the container may be rubbish and even immigrants.
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BOLERO
BOLERO - means Electronic Bill of Lading System. Bolero can replace paper Bill of Lading and other paper documentation. It is legal and safety system. All registered users can use this system.
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Documentary evidence required from a vessel in a cargo loss or damage.
If the cargo is lost or damaged in transit, it is the blaim of the carrier.
The carrier must have evidence: log books, work schedules, work books,reports and show that good care has been taken to make the vessel seaworthy.
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Perils of the sea defence. The claim against the bulk carrier for damage of bulk wheat.
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The Carrier. Common carrier and private carrier. NVOC and NVOCC.
The carrier - is a party who agrees to carry, on a commercial basis goods or persons from one place to another.
Common carriers - are liable for any loss or damage to the goods they carry, so they are the insurer of this goods.
Private carriers - make special contract with their customers excluding their liability. As a private carrier, a carrier becomes a bailee of the goods carried. Only he is liable for damage or his negligence or delay.
NVOC - non-vessel operating carrier. Operates a shipping service without owning own vessel. He buying a volume of cargo space on vessels owned or operated by one or more shipowners.
NVOCC - non-vessel operating common carrier. It has legal definition only in the USA, where a party, contracting as an NVOCC carriers the usual heavy legal burden of any common carriers.
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Common law obligations of carriers. Common Law exemptions from carrier’s liability.
Common law obligations of carriers:
The carrier must provide a vessel which is seaworthy.
The carrier must not deviate from the contract, geographically or otherwise, without justification.
The carrier must ensure his vessel will be ready to load the cargo.
Common Law exemptions from carrier’s liability:
Act of GOD - some unpreventable natural event e.g lighting or earthquake.
Act of Queen’s enemies - state or people with whom the carrier is at war during the carriage of the goods.
Inherent vice in the goods - natural tendency of a commodity to deteriorate without human negligence ,e.g fruit and fish deteriorating, liquids fermenting.
Negligence of the consignor - insufficient or defective packing of goods inside containers or cases.
Fraud of the owner or consignor of the goods - where the shipper makes an untrue statement to the carrier as to their nature or value, or their threat to safety as well.
Jettison or their proper General Average sacrifice - when cargo is properly damaged during the voyage in order to preserve the ship and other cargo from a danger threatening the entire «adventure».
A sea carrier will not be protected by the common law exceptions when:
His negligence is not taking reasonable steps to protect cargo from loss or damage
His vessel was unseaworthy at the start of the voyage
The loss or damage occurred while the vessel was unjustifiably deviating from the contract.