RIGHTS AND OBLIGATION OF PARTIES UNDER THE CONTRACT OF CARRIAGE OF GOODS BY SEA
ABSTRACT
Transportation is an integral factor in international trade and the contract of carriage of goods by sea, forms part of the complex web of transactions witnessed at international trade. The purpose of this project is to illuminate the nature and the inherent features present in the contract of Carriage of Goods by Sea and to also highlight the rights as well as the duties owed by the parties. It also seeks to point the obligations the law imposes on the parties as well as the liabilities they would incur on the event of breach in this form of contract.
CHAPTER ONE
The Nature Of The Contract Of Carriage Of Goods By Sea
1.1 Introduction
Man has always been by his nature an interactive and interdependent being, and trade has been one of those means by which he interacts and shows his interdependency. He engages in the exchange of goods and services for a valuable consideration.
The concept of international trade is not new to man, only that here, this form of exchange seems to resonate on a much broader platform involving a complex web of structures and processes which makes this sort of transaction possible and one of this structure is the carriage of goods by sea, thus it is important to point out that, this form of transportation of goods is not only vital to international trade, but it also forms an integral part of it, that the absence it would make international trade very difficult to undertake.
Though our focus is the rights and obligations of parties under the carriage of goods by sea, full appreciation of this rights and duties will not be attained, if some attention is not given to highlight the nature of this form of transaction.
1.2 Definition
The contract of carriage of goods by sea can easily be seen as a contract involving two parties who for an agreed sum agree to be bound by the terms reached by them. But this definition may be very misleading, for though the contract of carriage involve this important element it is not the same as the usual contracts reached and agreed by parties.
Perhaps looking at some definitions posed by some authorities, more light would be shed on the nature of this kind of contract. Clive M. Schmitthoff tried to give a vivid description as to the nature of this contract, here he said that a contract of carriage entails a situation where an exporter concludes with a ship owner to carry goods in his ship from one port to another, usually overseas, such contract is known as the contract of carriage by sea. R.M. Goode on the other hand sees a contract of carriage involving two parties the shipper and the carrier. The shipper is the person to whom the carrier undertakes the duty of transporting the goods.
Black’s Law Dictionary defines it as an agreement for carriage of goods by water, which may employ a bill of lading, a charter party or both to ship goods.
Finally, Article 1 Carriage of Goods By Sea Act defines contract of carriage as those that:
“Apply only to contracts covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under a pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same”.
CHAPTER TWO
2.0 Literature Review
2.1 Introduction
The review of relevant literature is the main topic of this chapter. A literature review covers theoretical and methodological contributions to a certain issue in addition to the state of knowledge at the time of writing. It provides information about the state of the art in relation to the subject you are writing about. It examines the body of work on the chosen subject. The literature evaluation in this study comprises the …
Procedure for Downloading the PDF (Docx) Material
Rights and Obligation of Parties Under the Contract of Carriage of Goods by Sea can be downloaded by requesting the full set of materials at the project or seminar cost. The document will be sent via Microsoft Word (MS-Word) format via WhatsApp (e-mail) following payment confirmation.
| Seminar Material Cost ₦3,000 | Project Material Cost ₦5,000 |
Request Complete Material
 | Click here to request the Complete Material via WhatsApp including;
|
Disclaimer for Complete Material Utilization
The displayed research work titled "Rights and Obligation of Parties Under the Contract of Carriage of Goods by Sea" is stated as a research guideline towards accomplishing your assigned project / seminar research work. All the research materials on this website are ONLY for research purposes and should be used as a guideline in developing your research work. For no reason should you copy word for word as projectlist.com.ng will not be liable for any who copied the material. By ordering the complete research guideline, it signifies that you've accepted our terms of service.
Frequently Asked Questions (FAQ)
Is the topic “Availability and Utilization of Information and Communication Technology (ICT) Resources in Teaching of Business Education Courses” recommended for Information Technology Project?
Yes it is highly recommended — Information and Communication Technology (ICT) refers to a systematic process of gathering, processing, storing, sending and retrieving of information through the print, broadcast, computing and telecommunications media. The study was carried out to examine the Availability and Utilization of ICT Resources in Teaching of Business Education Courses in Ogun State Tertiary institutions. In achieving this aim, the following specific objectives were laid out to find out the ICT resources available for teaching Business Education Courses and examine the level of utilization of these ICT resources in teaching Business Education Courses. Investigation revealed that the failure of educational system to provide adequate and appropriate teaching-learning aids in order to improve academic performance of students is of a great concern to government, …
Is the topic “The Socio-Economic Implications of the Boko-Haram Insurgency in Nigeria” recommended for Political Science Project?
Yes it is highly recommended — Book Haram figuratively implies that western for non-Islamic education is a sin, is a very controversial Nigeria militant group that seeks for the imposition of sharia law in the entire northern states of Nigeria. The hierarchical structure of the group is not presently well defined. The official name of the group id jamaiatu Ahlis sunna lidda ―awai waljihad, which in Arabic translate to ―people committed to the propagation of the prophet‘s teaching and jhad‖ literally therefore the group means ―Association of sunn‘s for the propagation of Islamic and for Holy war (jihad) and Islamized northern stats of Nigeria and probably conquer the entire country through jihad. So far, the group has been waging the war successfully in it area of …
Can this topic “The Influence of Information and Communication Technology on Pupil’s Communication Skills” be used for Information Technology Project?
Yes it can be utilized for research — The study examined the influence of information and communication technology on pupil’s communication skill. A detailedliterature was reviewed in relevant subheadings. The descriptive research design was used in order to assess the opinions of the respondents using the questionnaire and the sampling technique. A total of 100 (One Hundred) respondents (made up of 50 males and 50 females) were selected and used in this study as the sample of the study which represented the entire population of the study. Three research questions were raised in the study and were analyzed together with the bio-data of the respondents using the simple percentage frequency counts, while three null hypotheses were formulated and tested using both the Pearson’s Product Moment Correlation Coefficient and the …
Can the material for “Corporate Taxes and Internal Borrowing Within Multinational Firms” be used as a guide for Accountancy / Accounting Project?
Yes it can be used — This project develops the Main reasons for the emergence of such a market are tax avoidance through debt shifting and the existence of institutional weaknesses and financial frictions across host countries. The serves to derive hypotheses regarding the role of local versus foreign characteristics such as profit tax rates, lack of institutional quality, financial underdevelopment, and productivity for internal debt at the level of a given foreign affiliate. The paper assesses hypotheses in a panel data-set covering the universe of Agip oil company multinational firms and their internal borrowing. Numerous novel insights are gained. For instance, the tax-sensitivity found in this paper is many times higher than previous research suggests. This accrues mainly to three things: the consideration of the …
Can the material for “Design and Implementation of an Online Personnel Information System” be used as a guide for Computer Science (CS) Project?
Yes it can be used — Online Personnel Information System is a system that tends to have clearly defined inputs and outputs that enable and provide necessary facilities for accurately and efficiently managing an organizational process. The aim of the study is to design and implement an Online Personnel Information System for local governments that will eliminate the problem of instantly getting human resource information when needed with minimum human effort. In achieving this aim, the following specific objectives were laid out to develop an Online Personnel Information System that will present reports pertaining to any employee or group of employees and implement a functional personnel information management system. The motivation that led to the execution of the proposed system is as a result of the …
Can the material for “Effective Human Resources Management as a Tool for Organizational Success” be used as a guide for Business Administration and Management (BAM) Project?
Yes it can be used — The Management of Human Resources is an effective way of achieving organizational success. It has been discovered that most organization are lacking behind in this area and as a result have been experiencing a decline in their productivity as well as failure in the achievement of their goals and objectives. This research work was designed to deal with how human resources in an organization can be effectively managed so as to help in the attainment of organizational success. In order to solve this problem of lack of effectiveness in management of human resources, data were selected and analyzed using Nigerian Breweries Plc as a case study. However, at the end of the research, it was observed that, effective management of …
Can the material for “The Effect of Political Thuggery on the Realization of Millennium Development Goals” be used as a guide for Public Administration (PA) Project?
Yes it can be used — The research is posed to examine the Effect of Political Thuggery the Realization of Millennium Development Goals in Kogi State with a particular reference to Ofu local government area of Kogi State. The researcher shall comprise five chapters, arrange in an ascending order. Chapter one shall start by way of introduction which serve as the preamble of the research work. It shall also comprise of background of the study statement of the problem. Objectives of the study significance of the study, research questions scope and limitations of terms. In chapter two effort shall be made to look into the literature review of the research work. It shall also proceed in digging deep into the causes of political thuggery, bad leadership …
Is the topic “Isolation and Identification of Bacteria Associated with Blood Infection” recommended for Science Laboratory Technology (SLT) Project?
Yes it is highly recommended — Bacteria blood infection (bacteremia) is the presence of viable bacteria and their toxic chemicals in the blood. Blood stream is normally a sterile environment. Therefore the presence of pathogenic organism in the blood is abnormal and can be referred as blood poisoning. Bacteremia occur when species from Gram positive or Gram negative bacteria organism such as Staphylococcus aureus, Salmonella typhi, Streptococcus spp, Escherichia coli and many other species swim into the blood stream and releases their toxin which causes many life threatening symptoms in the body. These bacteria organisms invade the blood stream through the body portal of entries such as genital tract, mouth, nose and anus, when these body parts are exposed to contaminated environment and open toilets. They can …
Can the material for “The Impact of War Against Corruption to the Economy of Nigeria” be used as a guide for Political Science Project?
Yes it can be used — Corruption is conscious attempt to secure wealth, power and misuse of public power through illicit means to satisfy a selfish interest at public expense. Corruption like insects has lived with human society for a very long time and has remained a major problem in many of the world’s developing economies with harmful consequences. The main aim of the study is to examine the impact of the war against corruption on the economy of Nigeria. In achieving this aim, the following specific objectives were laid out to examine the level of corruption in Nigeria, determine the relationship between corruption and the economic development in Nigeria, determine the ways of improving the fight against corruption in Nigeria, examine the level of success …
Can the material for “Production of homemade carrot oil and its benefits” be used as a guide for Science Laboratory Technology (SLT) Project?
Yes it can be used — The purpose the research work is to examine the Production of Homemade Carrot Oil and Its Benefits. In achieving this sole aim, the following objectives were set out to; determine the benefits of homemade carrot oil, and provide adequate information about carrot oil usage, to avoid nausea, vomiting, abdominal cramps, diarrhea, and convulsions as a result of breast feeding babies. Carrot oil should never be used during pregnancy as it may cause uterine contractions and, in rare cases, miscarriage. The use of carrot seed for contraception and abortion has long been recorded in the historical medical literature, although the practice is considered unsafe and strongly advised against today. Its effect on breastfeeding babies is unknown and should be avoided. If …