- •Frauds with documents and cargo. Four scenarios.
- •Common law obligations of carriers. Common Law exemptions from carrier’s liability.
- •The objectives of the Hague-Visby Rules. Liabilities of carrier under the Hague-Visby Rules.
- •The exemptions from the carrier’s liability under the Hague-Visby Rules: Article 4, Rule 2(a).
- •Types of loss. Examples of actual total loss and constructive total loss.
- •Particular average: definition. Particular average compared to general average. Examples.
- •The main objectives of the York-Antwerp Rules. Rule a: ga definition.
- •Extraordinary expenditures and sacrifices. Examples.
- •Interested parties in ga and their relative interests in the maritime venture.
- •Documents and evidence required from a ship in a case of ga.
- •Collisions: definitions. Evidence prior to a collision and after a collision.
- •Sea protest. The procedure and the purposes of noting a sea protest.
- •Evidence required in a collision when a vessel is under pilotage, anchored or moored.
- •18.Interactive Root Cause Analysis illustrated with one of the cases.
- •The main purpose of accident investigation and the main reasons for doing it.
- •20. Reporting incidents and accidents on board. The key stages in the accident investigation.
- •4. 3 Purposes for deviation from the route of the voyage.
- •8.Ga contribution , bond and guarantee.
- •9.Ga adjuster and ga adjustment.
- •10.Ship’s agents and surveyors in ga.
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The objectives of the Hague-Visby Rules. Liabilities of carrier under the Hague-Visby Rules.
The hague and hague-visby rules require the carrier to exercise due diligence to make the ship seaworthy before it puts to sea. Exercising due diligence means taking good care. Under this rules the carrier must take good care to look after the cargo from the time it is entrusted to him until the time that it is delivered to the receiver.
The main objective of the Hague and Hague Visby rules is to ensure that the cargo is delivered in like good order and condition which means that the condition of the cargo should not have deteriorated until it was in the care of the carrier. However, the Rules recognize the possibility that , for reasons beyond the control of the carrier, it may fail to meet that obligation.
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The exemptions from the carrier’s liability under the Hague-Visby Rules: Article 4, Rule 2(a).
Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:
a. Act, neglect or default of the master, mariner, pilot or servants of the carrier in the navigation or in the management of the ship.
b. Fire, caused by the fault of the carrier.
c. Dangers and accidents of the sea or other navigable waters
d. Act of God
e. Act of war
f. Act of public enemies
g. Arrest or restraint of princes, rules, people under legal process
h. Quarantine restrictions
i. Act of the shipper or owner of the goods, his agent or representative
j. Strikes or lockouts or stoppage of labour from whatever cause , whether partial or general
k. Riots and civil commotions
l. Saving or attempting to safe life or property at sea
m. Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality of the goods
n. Insufficiency of packing
o. Insufficiency of marks
p. Latent defects not discoverable by due diligence
q. Any other cause arising without the actual fault or privity of the carrier.
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Types of loss. Examples of actual total loss and constructive total loss.
Total losses may be categorized as:
a) actual total losses
b) constructive total losses
A) An Actual total loss may occur in 4 ways.
where insured cargo is destroyed , where a ship is wrecked or burnt or where goods are crushed in the collapse of a stow of cargo
where goods change their character
where the ship is sunk in very deep water and it's cant to rise Insured cargo
where the ship is missing
B) Constructive total loss.
it is when the cost of recovering the ship or goods would exceed their value when recovered.
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Particular average: definition. Particular average compared to general average. Examples.
A particular average loss is a partial insured loss, caused by a peril
A particular Average is an accidental loss which concerns only the owner of the damaged cargo.
Particular Average is a partial loss
1. due to purely accidental causes, fire, collisions
2. which is borne by the owners of the damaged cargo, ship or cargo, as the case may be.
General Average is a partial loss
1.reasonably incurred in time of peril for the safety of the joint adventure
2.which is contributed to by the owners of all property saved ship, freight and cargo