This chapter discusses contracts for the carriage of goods where the person requiring goods to be carried by sea (called the `shipper’) has booked space on a ship by entering into a contract of carriage with the carrier rather than chartering a whole vessel. The chapter deals initially with the common law approach to contracts of carriage by sea before showing how the Hague Visby Rules apply to the rights and duties of both shipper and carrier arising under such contracts.
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter examines the rules of English law governing international commercial sales, a subject of disproportionate importance because of the surprisingly large proportion of international trade carried on under contracts governed by English law by choice of the parties. Contracts of this type expose the parties to greater risks than purely domestic sales. The chapter gives detailed coverage of typical export transactions and INCOTERMS, both marine and non-marine, including FOB contracts, FAS contracts, CIF contracts and variants of the CIF contract, and DAP contracts as well as FCA, CIP, and similar contracts. Likely future developments are also mentioned.
This chapter discusses situations wherein the shipper will only form a contract to book space on a ship. In such a case, the person requiring the goods to be carried, called the ‘shipper’, enters into a contract of carriage of the goods with the person having possession and control of the ship, the ‘carrier’. The carrier need not have title to an absolute interest in the ship; he or she may be a charterer having at most only possessory title, and the shipper may well pass his or her rights in the goods along with his or her rights against the carrier to a third party. Although the terms ‘shipper’ and ‘carrier’ are used here, the parties concerned would often be more accurately described as the ‘cargo interests’ and the ‘ship interests’.