3. INTRODUCTION
• The law relating to the carriage
of goods by sea is contained in
bill of landing Act,1856 and
carriage of goods by sea
Act,1925
4. CONTRACT OF
AFFREIGHTMENT
• A contract of affreightment is an
arrangement between a shipowner
and charterer in which the shipowner
promises to convey a set quantity of
cargo for the charterer over a specific
time period.
• The charterer is required to pay the
freight whether the items are ready
for shipping or not under this
arrangement.
5. Charter Party
• A charter party is a written
agreement for the hire of the
entire ship or a portion of it for
the purpose of transporting
commodities. The charterer is
the individual who rents the ship.
6. KINDS OF CHARTER PARTY
Voyage • When the ship is chartered for a particular voyage is called voyage charter party.
Time
• A any cargo, subject to legal restrictions. time charter, as opposed to a voyage
charter, is a time-bound agreement. The shipowner leases a vessel to a charterer for
a set duration of time, during which time they are free to sail to any port and transport
Demise
• Demise charter, also known as bareboat charter, happens when an owner hires or
leases the vessel to a charterer, who then provides the crew, stores, and bunkers, as
well as paying for all operational costs.
7. CLAUSES OF
CHARTER
PARTY NAME OF
PARTIES AND
SHIP
CLASS OF
CHARTER PARTY
CLASS OF SHIP PORT OF
LANDING
FULL AND
COMPLETE
CARGO
LAW OF
MERCHANDISE
PAYMENT OF
FREIGHT
8. IMPLIED
WARRANTIE
S
Examples:
The implied
merchantability
warranty (only given
by merchants).
The implied guarantee
of fitness for a specific
purpose.
The implied
warranty of title.
An implied warranty is a legal phrase
for guarantees that a product is fit for
the use for which it is intended and
that it merchantable, i.e., corresponds
to an ordinary buyer's expectations.
9. MATE’S RECEIPT
• A mate receipt is a receipt given by the
ship's commanding officer after cargo is
loaded on board that includes information
like the name of the vessel, berth, date of
shipping, description of packages, marks
and numbers, and the condition of the
cargo at the moment of receipt on board
the ship.
10. BILL OF LADING
• A bill of lading is a document issued by master
of the ship or ship owner or other agent in
exchange of mate’s receipt after the goods are
placed on broad the ship.
11. KINDS OF
BILL LADING
Clean bill of lading
• A clean bill of lading is a document that
certifies that no goods were damaged or
lost during transit.
Qualified bill of lading
• A qualified bill of lading is one that states
in the bill of lading that the goods received
are in poor condition.
Through bill of lading
• A through bill of lading is a legal document
that allows products to be moved both
nationally and internationally.
12. DUTIES OF
CARRIER BY
SEA
• It is the shipping company's responsibility to
inspect the ship's fitness before to departure. It
should be managed properly by qualified staff.
All of the ship's sections must be inspected.
Ship Must Be Seaworthy
• It is the incharge of the ship's responsibility to
issue the bill of lading upon the delivery of
commodities.
Issuance Of Bill Of Lading
• It is the shipmaster's responsibility to take
reasonable care of the commodities during the
trip.
Safety Of Goods
13. LIABILITIES OF
THE CARRIER
BY SEA
• If the loss occurs due to the negligence of the shipping company to the goods
delivered for carriage. The shipping company is liable for that damage or loss
1. Negligence Liability
• In the event of loss or damage, the shipping business is accountable if the suit for
loss recovery is filed within one year. After one year, no legal action can be taken
against the shipping firm.
Liable Upto One Year
• In most cases, the transportation company is liable for the minimum value liability.
However, there are situations where both parties agree on maximum liability.
Liability Of Maximum Value
• The shipping business is not responsible for any loss or damage to goods whose
value hasn't been recognized by the owner.
Value Not Declared
• If the shipper misrepresents the worth of the commodities, the shipping company is
not responsible about any loss or damage.
Misstatement About The Value
• If the shipper fails to declare the nature of the goods, the carrier cannot be held
liable.
Nature Of Goods Not Declared
