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Carriage of GoodsLecture 1 - Introduction class
23 April 2019
Materials:
- slides, legislation, assignments, notes and materials on Lawweb
The assignments are cases (comparable to those of the exam) and need to be an-
swered in a similar way. Thus you can answer in bull it points.
Practical aspects
• Assig
nments consist of 4 questions, with grading 2-3-3-4. (the grades get
higher for more complex questions). Studenten submit 3 out of 4
questions. If you choose the 3 easiest questions, you can score max 8/10.
• Assig
nments are submitted in max 1,5 A4.
• Per
assignment you need 2-3 hours study time.
• 5
assignments
• uploa
d+ bring printout/ digital version with you
• 1 of
your assignments will be picked out (at random) and graded as part of the
oral exam, where you can defend it.
Feedback?
• Durin
g seminars: self-evaluation
If you organize a transport for someone? What is than your role? forwarding agent.
This is different than if you say you will transport the good for someone
Carrier: mandatory law
Agent: freedom of contract
What did you promise to do, and that determines which law applies.
Carriage contract:
- Limited scope of application
- Liability
- Compensation
- Shipper liability (so not the carrier !!) shipper is owner of the cargo who sends it
somewhere. This has to do with for example articles which are not legal. (books-
bibles) or when someone that had to pick up the cargo, and the deliverer is not
there (time = precious)
- Procedural aspects- involvement of third party e.g.
1
, - Charter parties- carriage of goods deals with transport, charter parties deals with
contracts for the hire of the ship to carry x amount of cargo. (lease of a ship) ( no
mandatory law in this field !!) (standard forms will play an essential role)
Focus: Transport law=> why? specificities logistic contract chain
There are specific rules among living animals which are being transported. This is
often mandatory law.
- uniform law and mandatory law
Logistic contract chain? granting rights e.g. under the contract and how binding are
they? First field where there was uniform law, international contract based and
therefore you know always the same rules are applicable. (interpretation differences
but uniformity is aim)
- frequent use of sib- contractors
- many intermediaries.
The carriage contract in the supply chain
See scheme in slides
Simple model (1)
shipper is consignee itself. (e.g. Albert Heijn has a logistic provider and brings the
product to the warehouse) ( both AH)
Agent example(2)
Incoterms=>
EXW Sale (risk and costs during transport: buyer)
DDP sale (risk and costs during transport: seller)
Complexity transport chains (example FOB- chain)
Risks pass: after it passed the rail
Slide: Before the ship => during and after the shipment
Liability:
- presumed liability : sea transport, breach of certain obligation of the carrier is
required. Meaning: opening the container with half laptops, you can tell the
carrier: (nothing on the consignment note) so the carrier is responsible for this.
=> exoneration ground?
- Limited liability
International sales contract
2
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