Carriage of Goods by Sea (2nd Edition)
Contents
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A. Introduction A. Introduction
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Overview Overview
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B. Contract B. Contract
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Rights of suit: who may sue? Rights of suit: who may sue?
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Rights of suit: who may be sued? Rights of suit: who may be sued?
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C. Implied Contracts C. Implied Contracts
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Generally Generally
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Brandt v Liverpool Brandt v Liverpool
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Criteria Criteria
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Mutual co-operation Mutual co-operation
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Other limitations Other limitations
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The Gudermes The Gudermes
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Matters covered by the new contract Matters covered by the new contract
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Future scope Future scope
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D. The Special Contract D. The Special Contract
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Generally Generally
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Dunlop v Lambert Dunlop v Lambert
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Difficulties in Dunlop Difficulties in Dunlop
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Synthesis Synthesis
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E. Negligence E. Negligence
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Basis Basis
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Requirements for negligence Requirements for negligence
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Physical loss and damage Physical loss and damage
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Economic loss Economic loss
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Title to sue Title to sue
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The Aliakmon The Aliakmon
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F. Bailment F. Bailment
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The principle The principle
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Origins in Coggs v Bernard Origins in Coggs v Bernard
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Carriage as bailment Carriage as bailment
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Attornment Attornment
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Duties of the bailee Duties of the bailee
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Sub-bailment Sub-bailment
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Bailment ‘on terms’: origins Bailment ‘on terms’: origins
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Bailment on terms continued Bailment on terms continued
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The Pioneer Container The Pioneer Container
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Bailment arguments and the 1992 Act Bailment arguments and the 1992 Act
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The future of bailment in shipping cases The future of bailment in shipping cases
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G. Himalaya Clauses G. Himalaya Clauses
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Background to the clause Background to the clause
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Drafting of the Himalaya clause Drafting of the Himalaya clause
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The Eurymedon The Eurymedon
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Criticism in contract Criticism in contract
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Approach applied Approach applied
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Followed in other jurisdictions Followed in other jurisdictions
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Exclusive jurisdiction clauses Exclusive jurisdiction clauses
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Reliance by shipowners Reliance by shipowners
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Extent of the Himalaya clause Extent of the Himalaya clause
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Himalaya clauses and statute Himalaya clauses and statute
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H. The Contracts (Rights of Third Parties) Act 1999 H. The Contracts (Rights of Third Parties) Act 1999
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Background Background
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Main provisions Main provisions
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Carriage by sea Carriage by sea
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Reliance on the Act: shipbrokers Reliance on the Act: shipbrokers
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Reliance on the Act: enforcement of a letter of indemnity Reliance on the Act: enforcement of a letter of indemnity
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Himalaya clauses and the Act Himalaya clauses and the Act
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9 Third Parties and Bill of Lading Terms
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Published:07 July 2011
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Extract
Introduction
Overview
A fundamental rule of English law, now ameliorated to some extent by statute,1 is that only the parties to contracts are bound by their terms. During the time when the 1855 Act was in force and because of the difficulties which we have noted,2 a number of creative solutions were devised by the courts,3 some of them of continuing utility.4 In this chapter, we will examine each of these solutions in turn and consider also the impact of the Contracts (Rights of Third Parties) Act 1999.
In the Contracts (Rights of Third Parties) Act 1999, c 31. See para 9.43 below.
See, eg, Mitsui & Co Ltd v Novorossiysk Shipping Co (The Gudermes) [1993] 1 Lloyd’s Rep 311 (CA), 314 (Staughton LJ) and para 8.13 above.
On one view these solutions were ‘highly technical’: see
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