Great Deal! Get Instant $10 FREE in Account on First Order + 10% Cashback on Every Order Order Now

Evaluate which of the following international regimes of uniform terms is the most effective under English law in the imposition of a minimum liability regime for loss of or damage to goods carried...

1 answer below »

Evaluate which of the following international regimes of uniform terms is the most effective under English law in the imposition of a minimum liability regime for loss of or damage to goods carried across international border:

(a) The Hague-Visby Rules as applied into UK laws by the Carriage of Goods by Sea Act 1971 (as amended);

(b) The CMR Convention as applied into UK laws by the Carriage of Goods by Road Act 1965 (as amended);

(c) The Montreal Convention as applied into UK laws by the Carriage by Air Act 1961 (as amended);

(d) The CIM Convention as applied into UK laws by the Railway Transport & Safety Act 2003 (as amended).

Answered Same Day Dec 23, 2021

Solution

David answered on Dec 23 2021
128 Votes
International ca
iage of goods 1

Running Head: INTERNATIONAL CARRIAGE OF GOODS
International ca
iage of goods
International ca
iage of goods 2

Introduction
International ca
iage of goods across the international border required license to operate
any business to sell the products in huge quantity from one country to another country. Both of
the exporter and importer must follow all the terms and condition of that country (Joyner, 2005).
The international ca
iage of goods is coming under several regimes or rules and regulation
across international borders. In this concern, the international ca
iage of goods across the border
is not same in all the countries and applied different service and import & export duties and taxes
according to that country's transportation law. Several times incident happened goods and it
destroyed. Therefore, for the loss of or damage to goods, it required compensation to adjust the
losses. But, in the international ca
iage of goods across international border, there are
impositions of a minimum liability regime for the loss of or damage to goods and it is different in
different countries (Joyner, 2005).
In this concern, English Law implements any minimum liability regime for the loss of or
damage to goods ca
ied across international borders. English Law provides different liability
egime for different way of transportation such as air transportation, road transportation, sea
transportation and transportation by railways (Wendler, Tremml & Buecker, 2008). Now, the
following UK transportation law would provide the details to understand that which one is better
in international regimes of uniform terms in the imposition of a minimum liability regime for
loss of or damage of goods ca
ied across international border. This law is different from other
countries and it is not the same way of transportation.
Transportation through Sea
(The Hague-Visby Rules as applied into UK laws by the Ca
iage of Goods by Sea Act 1971)
International ca
iage of goods 3

The transportation through sea ca
ied out by the Hague-Visby Rules as applied into UK
laws by the Ca
iage of Goods by Sea Act 1971. In this act, Article no. 6 has described as
Supplemental Section about sea transportation. In this Article 6 (4) has declared that for the
purposes of Article VIII of the Rules section 41502 of the Merchant Shipping Act 1894 that has
amended by the Merchant Shipping Act 1958, related to the liability of Ship-owner and others.
In this Act, it has mention that when loss of or damage to goods ca
ied across international
order occurs, it would be entirely exempts shipowners and others in certain circumstances from
liability for loss of, or damage to goods. It is also a provision that is related to limitation of
liability (Damar, 2011). Basically, this act has not so many rules and regulation to provide
enefits to an exporter or importer and is not liable for damages claim for compensation. In this
act, the main responsibility is concerned with shipowners and others for the loss of or damage to
goods ca
ied across international borders. In this Act, ship-owner and others would decide that
what they have to do for the loss.
Transportation through Road
(The CMR Convention as applied into UK laws by the Ca
iage of Goods by Road Act 1965)
The transportation through roads is sometime more risky for damages of goods across the
international border. This transportation method takes much time to reach its destination after
crossing more than one border of the countries. In this concern, the rules and regulations of UK
laws of road transportation are different from sea transportation and other way. In this, the
transportation of goods by road, the CMR convention as applied into UK laws the ca
iage of
goods by Road Act 1965 across international borders. In this act, international ca
iage of goods
across international border is liable for loss, damage or delay to the goods. In this, the delivery
should be between the time when it takes charge of them and the time they are delivered by road
International ca
iage of goods 4

transportation (Damar, 2011). This CMR convention also applies to loss of human life. When
some human being would come with the goods by road transportation across the international
order, the damage of goods and life of people would also consider for compensation. In this
concern, it covers human being such as servants, agents as well as sub-contractors under English
law in the imposition of a minimum liability regime for loss of life. This act is also liable for loss
of another life such as local people of the country though making an accident due to some
mistakes in driving apart from servants, agents and subcontractors. Apart from this, the source of
danger that comes on the way in and destroy the international ca
iage goods are also provide
ca
ier with defense to claim for goods damages across international borders (Anthony, 2002).
Further, there are also some interesting laws that are very helpful to claim for damages.
In this, the perils such as wrongful act or neglect, inherent vice of the goods, circumstances that
the ca
ier could not avoid are responsible for damages claims across the international border. In
that situation when the consequences unable to prevent, collision without fault and adverse
weather conditions or theft would be there, the CMR Convention as applied into UK laws by the
Ca
iage of Goods by Road Act 1965. This unlikely perils to do so can be guarded against the
cost that is very high for damages by the CMR Convention as applied into UK laws by the
Ca
iage of Goods by Road Act 1965. There are some further defenses that also apply only in
special conditions in UK laws. In this concern, whenever any incident happen such as lack of or
defective condition of packing, handling, loading, stowage, or unloading of the goods by the
exporter, the importer or their agents would liable for damages across the international border
(Anthony, 2002).
Apart from these, the nature of certain goods that particularly exposes them to loss or
damage through
eakage, rust and desiccation would come in damages liability in international
International ca
iage of goods 5

ca
ier goods across the border. The leakage and normal wastage on the way would also consider
as damages of goods and this law force to come in damages liability in international ca
ier
goods across the border. Moreover, the CMR Convention as applied into UK laws by the
Ca
iage of Goods by Road Act 1965 has also mentioned that the ca
ier will be liable for delay
in the circumstances of the goods that are not delivered within an agreed time-limit and an
exporter must have to pay compensation as the loss of the goods across the international border.
Further, the compensation is payable under the CMR in several calculation way in
elation to the value of the goods at the time and place of delivery of goods across the border. It
is also based on commodity or market price of the accepted ca
iage where there is no such price,
the normal value of similar goods that is running the international market (Cullingworth &
Nadin, 2006). There are also some rules and...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here