Real Differences of Substance Between Essay

Download this Essay in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Essay:



A b) Fire, unless caused by the actual fault or privity of the carrier.

Perils, dangers and accidents of the sea or other navigable waters.

A d) Act of God.

A e) Act of war.

A f) Act of public enemies.

A g) Arrest or restraint of princes, rulers or people, or seizure under legal process.

A h) Quarantine restrictions.

A i) Act or omission of the shipper or owner of the goods, his agent or representative.

A j) Strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general.

A k) Riots and civil commotions.

A l) Saving or attempting to save life or property at sea.

A m) Wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the goods.

A n) Insufficiency of packing.

A o) Insufficiency or inadequacy of marks.

A p) Latent defects not discoverable by due diligence.

A q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage. (Lexmark, 2008)

Also addressed in the Hague-Visby rules is the container weight of goods in regards to liability which states: "Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 666.67 units of account per package or unit or units of account per kilo of gross weight of the goods lost or damaged, whichever is the higher. The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged." (Lexmark, 2008) the value of goods is also stated to be fixed in accordance with the "...commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality."

SUMMARY & CONCLUSION

Clearly there are differences between the Hague Rules and Hague-Visby Rules in that the Hague-Visby Rules eliminate many of the areas of rule application which are stated in the Hague Rules but yet are not made clear enough to mitigate the changing of the meaning of the rules in the event that other country or region-specific rules might effectively change due to the manner in which those laws or rules or worded.

Bibliography

Hakan, Karan (2005) the Carrier's Liability Under international Maritime Convention - the Hague, Hague-Visby and Hamburg Rules. Mellen Press. Online available at http://www.mellenpress.com/mellenpress.cfm?bookid=6235&pc=9

Reynolds, Frances (1990) the Hague Rules, the Hague-Visby Rules, and the Hamburg Rules. 7 MLAANZ Journal. Online available at http://www.austlii.edu.au/au/journals/ANZMLJ/1990/2.pdf

Tetley, William QC (2004) Interpretation and Construction of the Hague, Hague-Visby and Hamburg Rules. 2994 10 Jiml 30-70. Online available at http://www.mcgill.ca/files/maritimelaw/rulesinterpretation.pdf

The Hague-Visby Rules - the Hague Rules as Amended by the Brussels Protocol 1968 multilateral Lex Mercatoria www.lexmercatoria.org. Accessed online at http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html

Tetley, William QC (2004) Interpretation and Construction of the Hague, Hague-Visby and Hamburg Rules. 2994 10 Jiml 30-70. Online available at http://www.mcgill.ca/files/maritimelaw/rulesinterpretation.pdf

Viscount Simonds in Riverstone Meat Co. Pty.v. Lancashire Shipping Co. (the Muncaster Castle):183 ([1961] a.C. 807 at p. 836, [1961] 1 Lloyd's Rep. 57 at p. 67, 1961 AMC 1357 at p. 1362 (H.L.).

See, for e.g., Encyclopaedia Britannica v. Hong Kong Producer 422 F.2d 7 at p. 11, 1969 AMC 1741 at p. 1746, [1969] 2 Lloyd's Rep. 536 at p. 539 (2 Cir. 1969); Mormaclynx (Leather's Best Inc. v. S.S. in: Tetley (2004). Mormaclynx) 313 F. Supp. 1373 at p. 1381, 1970 AMC 1310 at p. 1323, [1970] 1 Lloyd's Rep. 527 at

534 (E.D.N.Y. 1970), aff'd in pertinent part, rev'd in part, 451 F.2d 800, 1971 AMC 2383 (2 Cir. 1971).; Varian Assocs. v C.G.T., 85 Cal. App. 3d 369 at p. 375, 149 Cal. Rptr. 534 at pp. 538-539, 1980 AMC

450 at p. 456 (Cal. C.A. 1979) in: Tetley (2004)

Hakan, Karan (2005) the Carrier's Liability Under international Maritime Convention - the Hague, Hague-visby and Hamburg Rules. Mellen Press. Online available at http://www.mellenpress.com/mellenpress.cfm?bookid=6235&pc=9

Reynolds, Frances (1990) the Hague Rules, the Hague-Visby Rules, and the Hamburg Rules. 7 MLAANZ Journal. Online available at http://www.austlii.edu.au/au/journals/ANZMLJ/1990/2.pdf

The Hague-Visby Rules - the Hague Rules as Amended by the…[continue]

Cite This Essay:

"Real Differences Of Substance Between" (2009, January 20) Retrieved December 11, 2016, from http://www.paperdue.com/essay/real-differences-of-substance-between-25376

"Real Differences Of Substance Between" 20 January 2009. Web.11 December. 2016. <http://www.paperdue.com/essay/real-differences-of-substance-between-25376>

"Real Differences Of Substance Between", 20 January 2009, Accessed.11 December. 2016, http://www.paperdue.com/essay/real-differences-of-substance-between-25376

Other Documents Pertaining To This Topic

  • Substance Abuse and Homeless Youth

    For some, there will be a denial and minimization of the substance habit as being inconsequential, purely recreational or extremely intermittent. This response is akin to the young adult asserting that there is no problem. For other homeless youths, their drug or alcohol habit maybe viewed as a form of survival: these drugs help these teenagers bear life on the street. In that sense the substance is attributed as

  • Substance Abuse Support Group Substance

    There is a crucifix in the room and a bookshelf containing Bibles and other religious texts, but the room is otherwise free from religious decorations. Number of members The desired size for the group is 10 members. A group with 10 or fewer members is small enough to allow for individual attention, but large enough to provide for some diversity and anonymity in the group setting. However, if there are not

  • Substance Abuse and Society Substance

    They develop a tolerance to alcohol and simply need more to satisfy their craving (MayoClinic, 2009a). This is a key difference between alcoholism and other drug addictions. The causes of alcoholism and drug addictions are complex and involve the interaction of several factors. The first is genetics. Certain genetics factors can cause a person to be more vulnerable than others to develop alcoholism and the other addictions mentioned. A person's

  • Steroid Use Controversies of the

    E., their use of anabolic steroids (and whether they had ever been offered steroids), their involvement in power sports, appearance and eating problems, and problem behavior. Background information about the participants included their degree of urbanization, parental socioeconomic status and the region to which they belonged. Analyses of the study's results show that the prevalence of steroid use among Norwegian youth was lower (lifetime use was 0.8% and 12 months prevalence

  • Domestic Violence a Real Issue

    The SAFE Act not only protects victims of domestic violence, but also helps them become effective members of the country's economy. Domestic violence also account for about fifteen percent of total crimes committed in the United States. Reports from Centers for Disease Control and Prevention and National Institute of Health indicate that each year, 5, 300, 000 non-fatal violent victimization committed by intimated partners against women are recorded. Female murder

  • Connection Between Combat Exposure and Drug and Alcohol Abuse

    Combat and Substance Abuse Posttraumatic stress disorder (PTSD), as a consequence of combat experience, is believed to be a significant risk factor for substance abuse. This theory has been undermined to some extent by recent findings which suggest mental illness, apart from PTSD, may be a stronger predictor. Although combat-related PTSD may significantly contribute to the prevalence of substance abuse among veterans, the dominant substance abuse risks are the same for

  • Human Services Interrelationships Between Several Features of

    Human Services Interrelationships between several features of "critical learning": Not accepting things at face value, until self-reflection has taken place and the reasons for believing certain arguments have been fully flushed out, is an important concept in the process of critical learning. So, too, is "bridging differences" -- which is really another way of saying "finding common ground" in any situation where individuals are from vastly different cultures, or socioeconomic classes.


Read Full Essay
Copyright 2016 . All Rights Reserved