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AIM
1) Have a general understanding of the principles of the law relating to matters
frequently encountered in shipping business.
2) Develop the ability to exercise foresight in avoiding problems and to deal
intelligently with them if they arise.
3) Have sufficient knowledge of dispute resolution to be familiar with the
procedures
GENERAL PRINCIPLES
This syllabus is concerned with general legal principals and international maritime
conventions. Case law is required only to illustrate very important basic principals
and candidates are not expected to justify legal principals by reference to specific
legal authorities.
Sources and application of law including:- common law; case law and precedent
statute law; custom and usage.
Statutes of limitations and time bars - statutory and voluntary.
The courts; difference between Civil and Criminal courts; structure of Commercial
and Admiralty courts and methods of appeal; choice of forum.
The role and types of arbitrations, mediation and alternative types of dispute
resolution.
European Union law; conflicts of laws.
General understanding of and practical procedure for both litigation and arbitration
CONTRACT
General principles of the law of contract relating to shipping business
including: essential ingredients of a contract; when does a contract exist?
Breaches; force majeure and voiding factors; recoverable losses; remedies for breach
of contract.
AGENCY
General principles of the law of agency including creation of an agency and types of
agency.
Duties and rights of an agent or broker including that to make payments; duties and
rights of the principal; rights of an agent to remuneration.
Effects of contracts made by an agent; authority of an agent; breach of warranty of
authority; termination of an agency.
TORT
The different types of tortious liability related to shipping including negligence and
contributory negligence, misrepresentation, vicarious liability, conversion, libel and
slander.
Defences and remedies; recoverable losses.
LAW OF CARRIAGE
A general overview of the law of carriage
A legal understanding of voyage, time and demise charter parties;
The main areas of dispute especially arrived ship, laytime and time charter speed and
consumption.
The role and function of Bills of Lading; carriers and merchants rights and liabilities.
Types of Bills of Lading and alternative documents. Electronic methods.
Hague/ Hague-Visby/ Hamburg rules. The UK Carriage of Goods by Sea Act 1992 or
equivalent bill of lading acts of other countries.
Bill of Lading disputes: title; clean and claused documents; negotiability and liability.
Problems relating to multi-modal transport.
Rights to freight and hire and liens on cargo.
GENERAL AVERAGE
The basic principles of general average.
INTERNATIONAL CONVENTIONS
The agreement and ratification of international conventions related to shipping
business.
The implications of conventions affecting pollution, dangerous cargo, safety of
life, seaworthiness and ship arrest.
NB: Unless specifically stated in the examination paper, answers should be based
upon International Conventions and general principles of law. There may be
some questions on specific law and in these, English law will prevail. If a
compulsory question is set it will not be based on English law.
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