Aviation In aviation, there is no direct equivalent of the bill of lading. In air transport, the contract of carriage may be made by either the buyer or seller. Many terms of the international carriage of goods by air, are fixed by the Warsaw Convention. The Convention has the force of law in most states, including Ireland. It has been […]
Sale of Goods There is an international sale where one or other party is resident abroad. The restrictions on excluding or limiting the statutory conditions in the Sale of Goods Act, do not apply to international sales. In an international sale, the “fair and reasonable” provisions limiting exclusion clauses do not apply, so that the parties have greater freedom to […]
The Convention The UN Convention on Contracts for the International Sale of Goods (CISG) may be chosen to apply to contracts for the international sale of goods. Many countries have ratified the convention, but the UK and Ireland have not done so. The Convention applies to the commercial sale of goods, if the respective places of business of the parties […]
Uniform International Trade Rules Because international trade involves multiple jurisdictions, various international bodies, governmental and private trade bodies have developed uniform rules, forms and conventions in order to facilitate trade. Some uniform rules are intended to apply to all international trade transactions of a particular type. Some are given the force of law by Conventions entered by States and made […]
Cost and Freight Cost Insurance Freight Under Cost and Freight (CFR) and Cost Insurance Freight (CIF), the seller is responsible for arranging and paying for the main carriage. The risk of damage and loss rests with the buyer. CFR and CIF are used in relation to transport by sea or inland waterways. Under Cost and Freight, the seller arranges the […]
International Sale of Goods It is essential that there is a clear written contract between buyer and seller, specifying what has to be delivered and the terms of sale. Supply contracts should set out where the goods are to be delivered. It should specify who is responsible for every stage of the journey, including custom clearance and what insurance is […]
Free Terms The terms Free Carrier (FC or FCA), Free Alongside Ship (FAS) and Free on Board (FOB) provide that the seller is responsible for arranging for and delivering the goods to a carrier. FOB and FAS refer to sea or inland waterway transport. Under FAS the seller must complete all export documentation and is responsible for the carriage of […]
Certificate of Quality A certificate of quality in respect of goods may be required in certain export trade. It may be issued by a governmental or non-governmental body. It may certify compliance in relation to conditions, quality or requirements in relation to particular goods. The requirement for the certificate is provided by the relevant contract. Goods may be certified by […]
The CMR Convention The Convention on the Carriage of Goods by Road, in the French language, Convention relative au contrat de transport international de marchandises par route, is commonly known as the CMR. The Convention was originally entered by nine European countries in 1956. Numerous other countries have now acceded to the Convention and have legislated for it. The Convention was largely […]
Consignment Note The carriage of goods by road (CMR) Convention requires that a consignment note be issued. It acts as a receipt for the goods and as evidence of the terms of the contract of carriage. It is not a document of title. The absence of a consignment note does not affect the validity of the contract of carriage. However, […]
Carrier’s Period of Liability The carrier is liable under the CMR, for loss and damage arising between the time it assumes control of the goods and the time that it delivers them. The position is determined in accordance with the contract and the Convention. Where loss and damage occur to goods while the carrier is responsible for them, it is […]
Disposal in Unanticipated Circumstances The carrier may have a power of sale under local or trade custom where performance or delivery have become impossible in accordance with the terms of the contract. There is a more limited power of sale in the CMR. If the goods are perishable and their condition warrants such a course or where the storage expenses […]
Special Risks There are special risks, which are set out below, the presence of which may exonerate the carrier. If the carrier shows on the balance of probability, that damage could have been due to one of these risks, it is presumed that it was so caused. The claimant may then rebut this presumption, by proving that the loss or […]
Consignee may Enforce I If the loss of goods is established or if the goods have not arrived after the expiry of the period provided for, the consignee is entitled to enforce in his own name against the carrier, any rights arising from the contract of carriage. Presumptively, the person named as consignee in the consignment note, may enforce the […]
Carriage of Goods by Sea The contract of carriage may be a contract for the transport of the goods by sea,air or land or a combination. Multi–modal transport refers to combined methods of transport. Most modes of transport are governed by international Conventions. The Hague / Hague Visby rules relate to bills of lading in sea transport. The Warsaw Convention […]
Contract of Carriage and Bill of Lading The contract of carriage is entered between the carrier and the shipper. The initial contract for carriage may be verbal or may be set out in a short booking note. Commonly, the cargo space will have been booked by telephone, email or letter. The preliminary contract may be acknowledged by both the shipper […]
Sea Waybill Traditionally, the contract of carriage contemplated a bit of lading being issued. In modern times, other documents have emerged which replicate some of the bill of lading’s functions. The sea waybill is in the nature of a non-negotiable bill of lading. It proves the terms of the contract but does not transfer title to the goods. The sea […]
Common Law Carriers Historically a carrier might be a “common carrier”. The liability of a common carrier at common law is absolute, subject only to limited defences; an act of the enemy, an act of God, inherent vice of the goods and fault of the consignor. A carrier might carry goods under a series of contracts agreed on commercial terms. […]
Duties of the Carrier The obligations of the carrier are governed by the contract and the Hague-Visby or more modern rules, depending on the Convention which governs the carriage. The shipper must make space on the designated vessel available. The contract may provide that the shipper has no responsibility if the vessel is already full. In this case, any prepaid […]
Hague Visby Application of Rules The Hague Visby Rules represent the minimum mandatory contractual obligations on the part of the carrier. The rules cap liability and define the terms of the permissible defences. Attempts to contract beyond the terms of the rules by purporting to contract for less than the minimum duties or more than the “maximum” defences, are void […]