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AIM:
1) To provide an understanding of law relating to shipping business.
2) To ensure that members are able to communicate intelligently with
professional lawyers.
LEGAL ASPECTS OF CHARTER PARTIES
Concept and construction of a charter party; descriptive warranties, breaches and
consequences; frustration; deviation; war risks and other protection clauses.
Safe port warranty; arrived ship; cancelling; notice of readiness.
Voyage charters - laytime, demurrage and despatch; damages for detention;
freight, deadfreight and freight payment.
Time charters - payment of hire and remedies for non-payment; delivery, redelivery
and offhire; responsibility for cargo; performance (speed and consumption).
Bareboat charters (newbuildings and second hand); lease charters; bareboat registry.
Time barring of actions; contractual time barring, statutory time barring.
CARRIAGE OF GOODS BY SEA CONVENTIONS
International cargo liability conventions, rules and revisions. Reasons for the
introduction of rules, their application and their relationship with insurance. Common
and private carriers; carriers' liabilities.
The areas of dispute and litigations arising from the interpretation of the rules.
LEGAL ASPECTS OF BILLS OF LADING
The role and function of bills of lading and mate's receipt.
Essential characteristics of liner bills including combined transport and through bills
of lading.
Charter party bills of lading including difference between owners' and
charterers' bills of lading.
Negotiability of title including Carriage of Goods by Sea Act 1992 or equivalent
national bills of lading acts.
Principal bills of lading clauses including identity of carrier, law and jurisdiction and
Himalaya clause.
Standard protection clauses including Paramount, Jason, Both to Blame.
PASSENGERS
The application of International Conventions. Contract of carriage; rights and
responsibilities of parties under Common Law and statute; limitation of liability for
life injury and property claims.
MORTGAGE LAW APPLICABLE TO SHIPS
Unlike other aspects of ship-owning structures mortgages are still covered under
English law in many jurisdictions.
ADMIRALTY JURISDICTION
Arrests; jurisdiction, types of claim, priority of claims.
Arrest conventions. Basic procedures of arrest; freezing orders.
GENERAL AVERAGE, SALVAGE AND TOWAGE
General Average; rationale, practice and rules. Salvage agreements; salvage
arbitrations. Towage agreements.
ENVIRONMENT AND POLLUTION
Conventions and applicable law including criminal and civil law.
Pollution as a nuisance.
COLLISION
International Conventions; areas of conflict; apportionment of fault; measure of
damages.
SHIPOWNERS' LIMITATIONS OF LIABILITY
International Conventions. Those entitled to limit; methods of calculation and
distribution; how limitation may be broken.
DISPUTE RESOLUTION
Enabling clauses.
The procedures in litigation, arbitration and other systems of dispute resolution.
Arbitration locations and significant differences in procedures.
Acts and rules covering litigation hearings and arbitrations.
Damages - contract and tort.
NB This syllabus is based on International Conventions and English Law, except
where otherwise stated.
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