Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
CARRIAGE OF GOODS BY SEA (LAWSG093) Credit value: 30 credits (12 ECTS)
Assessment method for LLM students: 3-hour unseen written examination
Assessment method for SIL students: 3,000 word coursework essay
English law enjoys a long-standing predominance in the international shipping market, as it is frequently chosen by the parties to govern their contracts of carriage. A vast amount of goods is carried around the world under contracts of carriage governed by English law. This module offers an in-depth study of the two main forms of contract of carriage, namely charterparties and bills of lading.
The aims of the module, in essence, are:
to ensure a thorough understanding of the key aspects of the English law of carriage of goods by sea and their practical implications in light of the commonly used standard form charterparties and bills of lading;
to give students the ability to examine the ways in which this field of law interlinks and operates with other areas of commercial law, such as international trade and commercial conflict of laws and jurisdiction;
to develop students’ ability to navigate through real life legal problems by covering various key issues ranging from contract formation to remedies; and
to raise awareness of the major mandatory sea carriage regimes, as well as the recent discussions and attempts to bring uniformity in this area.
The module topics include:
Introduction to the law of carriage of goods by sea
Discharge of charter: Performance, frustration and breach
Functions of bills of lading and other shipping documents
Carriage of Goods by Sea Act 1971 and Carriage of Goods by Sea Act 1992
The Hague-Visby Rules
The Hague Rules, the Hamburg Rules and the Rotterdam Rules
The governing law and jurisdiction under contracts of carriage.
There is no single textbook covering the entire course syllabus. However, you will find that the major topics are covered in Wilson J.F. (2010) Carriage of goods by sea (7th edition) (Harlow: Longman). It is recommended that students also consult the following practitioners’ books:
- Cooke J. et al (2007), Voyage Charters (3rd edition) (Informa)
- Coghlin T. et al (2008), Time Charters (6th edition) (Informa)
- Treitel G.H. et al (2012), Carver on Bills of Lading, (3rd edition) (Sweet & Maxwell)
- Eder B, et al (2011), Scrutton on Charterparties and Bills of Lading, (22nd edition) (Sweet & Maxwell).
In the lecture notes, there will also be references to various other practitioners’ books and journal articles.
Wilson J.F. (2010) Carriage of goods by sea (7th edition) (Harlow: Longman), Part I
Cooke J. et al (2007), Voyage Charters (3rd edition) (Informa), Chapter 1
Coghlin T. et al (2008), Time Charters (6th edition) (Informa), Chapter 1
Other information: N/A
Prizes for this module: There are currently no prizes available for this module.