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    Manufacturer: Macmillan (Bloomsbury)

    Allocation of Liability for Dangerous Goods under International Trade Law

    £90.00
    This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts.
    ISBN: 9781509950195
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    Published: December 2022

    This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US.

    Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis–declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller.

    This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

     
     

    Table of Contents

    1. Introduction
    I. General
    A. Practical Overview of Commonly Shipped Dangerous Goods
    B. The Law Surrounding the Shipment of Dangerous Goods

    2. International Regulations on Dangerous Goods
    I. Overview
    A. Historical Background
    II. The IMDG Code
    A. General
    B. Classification
    C. Marking, Labelling and Placarding
    D. Stowage and Segregation
    E. Documentation
    III. Other IMO Instruments
    A. The IMSBC Code
    B. The International Grain Code
    C. The IBC Code
    D. The IGC Code
    E. The INF Code
    IV. Effectiveness of the Codes
    A. Inherent Ineffectiveness
    B. Inadequate or Poor Implementation

    3. Liability Arising from Dangerous Goods: General Framework
    I. General
    II. Meaning of Dangerous Goods
    III. Liability under Common Law
    A. Physically Dangerous Goods
    B. The Concept of Legally Dangerous Goods
    IV. Liability under the Hague-Visby Rules
    V. Fault of the Carrier
    VI. Conclusion

    4. The Shipper and His Liability under CIF and FOB Contracts
    I. General
    II. The Nature of CIF and FOB Contracts
    A. The Shipper under CIF Contracts
    B. The Shipper under FOB Contracts
    III. Conclusion

    5. Transfer of Liability from the Seller to the Buyer under the Contract
    I. General
    II. Contractual Transfer of Liability
    A. Carriage of Goods by Sea Act 1992
    B. The Buyer 'In Whom Rights are Vested'
    C. Transfer of Liability
    D. Imposition of Liability
    E. Cessation of Liability

    6. Other Mechanisms for Imposing Liability on the Buyer
    I. General
    II. Liability under the Brandt v Liverpool Doctrine
    III. Bailment Action
    A. Buyer as Original Bailor
    B. Buyer as Attornee
    IV. Function of the Document of Title
    V. Potential Tort Actions against the Buyer
    A. Actions in Negligence and Vicarious Liability
    B. The Rule in Rylands v Fletcher
    VI. Conclusion

    7. Causal Link under the Contract of Sale
    I. General
    II. Under the 1979 Act
    A. Section 32(2) Reasonable Carriage Contract
    B. Other Potential Causal Links
    III. Conclusion

    8. Recovery of the Loss under the Contract
    I. General
    II. Damages under the 1979 Act
    A. The Rule of Remoteness
    B. Application of the Rule to the Loss of the Buyer
    C. Consequential Losses under CIF and FOB Sales
    D. Analogy with Other Sale of Goods Cases
    E. Intervening Act of the Buyer
    F. String Sales
    III. Conclusion

    9. Non-contractual Remedies
    I. General
    II. Propositions for Recovery under the Civil Liability (Contribution) Act 1978
    A. Basic Scheme of the Act
    B. Notion of Same Damage and Same Victim
    C. Apportionment of Liability
    D. Joinder of the Shipper/Seller or Other Potential Parties
    III. Suggestions on Tort Actions
    IV. Conclusion

    10. Conclusion
    I. Outcomes and Proposed Solutions
    A. Dangerous Goods not Confined to 'Dangerous Goods'
    B. Seller Justifiably Attracts Liability at the Shipment Stage
    C. Liability is Transmissible to the Buyer at the Delivery Stage Probably Only under the Contract
    D. Contractual Recovery by the Buyer
    E. Recovery under Non-contractual Mechanisms
    II. A Holistic Approach

    Published: December 2022

    This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US.

    Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis–declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller.

    This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

     
     

    Table of Contents

    1. Introduction
    I. General
    A. Practical Overview of Commonly Shipped Dangerous Goods
    B. The Law Surrounding the Shipment of Dangerous Goods

    2. International Regulations on Dangerous Goods
    I. Overview
    A. Historical Background
    II. The IMDG Code
    A. General
    B. Classification
    C. Marking, Labelling and Placarding
    D. Stowage and Segregation
    E. Documentation
    III. Other IMO Instruments
    A. The IMSBC Code
    B. The International Grain Code
    C. The IBC Code
    D. The IGC Code
    E. The INF Code
    IV. Effectiveness of the Codes
    A. Inherent Ineffectiveness
    B. Inadequate or Poor Implementation

    3. Liability Arising from Dangerous Goods: General Framework
    I. General
    II. Meaning of Dangerous Goods
    III. Liability under Common Law
    A. Physically Dangerous Goods
    B. The Concept of Legally Dangerous Goods
    IV. Liability under the Hague-Visby Rules
    V. Fault of the Carrier
    VI. Conclusion

    4. The Shipper and His Liability under CIF and FOB Contracts
    I. General
    II. The Nature of CIF and FOB Contracts
    A. The Shipper under CIF Contracts
    B. The Shipper under FOB Contracts
    III. Conclusion

    5. Transfer of Liability from the Seller to the Buyer under the Contract
    I. General
    II. Contractual Transfer of Liability
    A. Carriage of Goods by Sea Act 1992
    B. The Buyer 'In Whom Rights are Vested'
    C. Transfer of Liability
    D. Imposition of Liability
    E. Cessation of Liability

    6. Other Mechanisms for Imposing Liability on the Buyer
    I. General
    II. Liability under the Brandt v Liverpool Doctrine
    III. Bailment Action
    A. Buyer as Original Bailor
    B. Buyer as Attornee
    IV. Function of the Document of Title
    V. Potential Tort Actions against the Buyer
    A. Actions in Negligence and Vicarious Liability
    B. The Rule in Rylands v Fletcher
    VI. Conclusion

    7. Causal Link under the Contract of Sale
    I. General
    II. Under the 1979 Act
    A. Section 32(2) Reasonable Carriage Contract
    B. Other Potential Causal Links
    III. Conclusion

    8. Recovery of the Loss under the Contract
    I. General
    II. Damages under the 1979 Act
    A. The Rule of Remoteness
    B. Application of the Rule to the Loss of the Buyer
    C. Consequential Losses under CIF and FOB Sales
    D. Analogy with Other Sale of Goods Cases
    E. Intervening Act of the Buyer
    F. String Sales
    III. Conclusion

    9. Non-contractual Remedies
    I. General
    II. Propositions for Recovery under the Civil Liability (Contribution) Act 1978
    A. Basic Scheme of the Act
    B. Notion of Same Damage and Same Victim
    C. Apportionment of Liability
    D. Joinder of the Shipper/Seller or Other Potential Parties
    III. Suggestions on Tort Actions
    IV. Conclusion

    10. Conclusion
    I. Outcomes and Proposed Solutions
    A. Dangerous Goods not Confined to 'Dangerous Goods'
    B. Seller Justifiably Attracts Liability at the Shipment Stage
    C. Liability is Transmissible to the Buyer at the Delivery Stage Probably Only under the Contract
    D. Contractual Recovery by the Buyer
    E. Recovery under Non-contractual Mechanisms
    II. A Holistic Approach
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