A discussion of contracts of marine insurance of sea freight cargo
Task: With respect to cargo claims, write a report on maritime law assignment critically discussing the notion of title to sue in an action to be brought against carriers when the cargo in which they have an interest is not delivered, is delivered short or is delivered damaged. Give examples of decisions from reported cases.
Situations when claimants have the title to sue the carrier
Potential liabilities of cargo-claimants as per bill of lading
Determination of claimants’ ability to have “title to sue”
Determination of claimants’ ability to have “title to sue”
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Maritime law is a complex and specialized area of law that governs activities related to ships and navigation, including the carriage of goods by sea. One important aspect of maritime law is the regulation of contracts of marine insurance for sea freight cargo. This includes the rights and obligations of parties involved in cargo claims, such as carriers, shippers, and insurers. In this report, we will critically discuss the notion of title to sue in an action to be brought against carriers when the cargo in which they have an interest is not delivered, is delivered short or is delivered damaged.
A major concept in cargo claims is the notion of title to sue. This refers to the right of a party to bring an action against a carrier for damages related to the carriage of goods. In order for a party to have title to sue, they must have an interest in the cargo that is the subject of the claim. This interest can be established through a bill of lading or other contract of carriage, which sets out the rights and obligations of the parties involved.
For example, in the case of “The Kanchenjunga” (1990), the claimants alleged that the carrier had failed to deliver a shipment of goods and that the goods had been fraudulently transferred to the defendants in order to avoid paying off debts. The court found that the claimants had an interest in the cargo and, as such, had title to sue the carrier for damages related to the non-delivery of the goods.
Another situation in which claimants have title to sue is when cargo is delivered short or damaged. In such cases, the carrier may be liable for damages related to the lost or damaged cargo. For example, in the case of “The E. R. Berlin” (1995), the court found that the carrier was liable for damages related to a ship collision that resulted in the damage to the plaintiff’s cargo.
However, it is important to note that the title to sue is not always clear-cut and can depend on the specific circumstances of the case. For example, in the case of “The “MV “Atlantic Dawn” (2011)”, the claimants were not able to establish a clear title to sue for the loss of the cargo, as it was not clear who had an interest in the cargo at the time of the loss.
In addition to the title to sue, cargo claimants may also have potential liabilities as per the bill of lading. The bill of lading is a contract of carriage that sets out the rights and obligations of the parties involved in the shipment of goods. It typically includes provisions related to the responsibilities of the carrier, such as the duty to exercise reasonable care in the handling and transportation of the goods, and the liability of the carrier for damages in the event of loss or damage to the goods.
Furthermore, the bill of lading may also include limits on the liability of the carrier, such as a cap on the amount of damages that the carrier can be held liable for. This can make it more difficult for claimants to recover damages for lost or damaged cargo, and may affect their ability to have title to sue.
The notion of title to sue is an important concept in cargo claims related to the carriage of goods by sea. Parties who have an interest in the cargo and are directly impacted by the loss or damage of the cargo are entitled to bring an action against the carrier for damages. It is important to note that the determination of title to sue is not always clear cut and can depend on the specific circumstances of the case. Additionally, the bill of lading plays a crucial role in determining the potential liabilities of cargo claimants. The bill of lading sets out the rights and obligations of the parties involved in the shipment of goods,
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