LW604-7-SP-CO:
Carriage of Goods By Sea

The details
2024/25
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 13 January 2025
Friday 21 March 2025
15
01 July 2024

 

Requisites for this module
(none)
LW603
(none)
(none)

 

(none)

Key module for

LLM M10212 International Trade Law,
LLM M10224 International Trade Law,
LLM M22112 International Trade and Maritime Law,
LLM M22124 International Trade and Maritime Law,
LLM M221PP International Trade and Maritime Law with Professional Placement,
LLM M22E12 Maritime Law,
LLM M22E24 Maritime Law

Module description

The module follows the International Sale of Goods module LW603 with another key contract in international trade, the carriage contract.

It starts with a focus on bills of lading, a unique document in law carrying with it title rights to goods with the ability to sell goods in transit and the ability to transfer rights of suit under the contract of carriage. It then moves to charter parties, recognising the need of major international sellers to charter entire vessels for the transfer of cargo rather than 'booking space'.

Module aims

The primary objectives and outcomes of this module are:

1. To provide students with knowledge of the carriage contract and place that within the matrix of international shipment sales including the insurance and finance of international trade;
2. To interpret domestic and international legislation relating to the international carriage of goods by sea;
3. To consider the different types of standard contracts from BIMCO (the Baltic and International Maritime Council) both bills of lading, such as the Conline Bill 2000/2016 and charterparties such as Gencon 1994;
4. To appraise and evaluate bills of lading and their unique functions in the international sale of goods carried by sea;
5. To develop competent research skills so that students can describe and justify legal reasoning with the support of cases and scholarly work.

Module learning outcomes

The primary objectives and outcomes of this module are:

1. To provide students with knowledge of the carriage contract and place that within the matrix of international shipment sales including the insurance and finance of international trade;
2. To interpret domestic and international legislation relating to the international carriage of goods by sea;
3. To consider the different types of standard contracts from BIMCO (the Baltic and International Maritime Council) both bills of lading, such as the Conline Bill 2000/2016 and charterparties such as Gencon 1994;
4. To appraise and evaluate bills of lading and their unique functions in the international sale of goods carried by sea;
5. To develop competent research skills so that students can describe and justify legal reasoning with the support of cases and scholarly work.

Module information

Indicative Syllabus

1. Introduction
The different types of carriage contracts including bills of lading and charterparties; introduction to the UK Carriage of Goods by Sea Acts 1971 and 1992 and international legislation from the UN.

2. Bills of Lading
The issuance, contents and role of bills of lading in international sale of goods carried by sea including its function as a receipt, as a document of title and as the contract of carriage for the goods.

3. Implied Obligations
Obligations imposed on carriage parties including the seaworthiness of the vessel, reasonable despatch, deviation, safe ports and dangerous goods.

4. Hague Visby Rules
In depth look at the UN conventions dealing with international carriage with the focus on the Hague Visby Rules. Reference will also be made to the Rotterdam Rules, a regime not yet in force, and the improvement it has attempted to make.

5. Charterparties – Time Charters and Voyage Charters
Analysis of time charters including unique features such as the Off Hire Clause – analysis of voyage charters with emphasis on Laytime and Demurrage.

Textbooks of interest may be Shipping Law, by Baughen and Carriage of Goods by Sea by Wilson. We will also be scrutinising the UK Carriage of Goods by Sea Acts 1971 and 1992 as well as the UN Hague Visby Rules 1979. Students will be directed to other related materials throughout the course. The reading and work for each workshop will be issued in advance and should be completed by the student prior to the session.

Learning and teaching methods

The module is delivered by two 25mins pre-recorded lectures per week followed by one 50mins interactive (face-to-face or live zoom) workshop each week.

Bibliography

The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Coursework weighting
Coursework   LW604-7-SP - Summative Essay    100% 

Exam format definitions

  • Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
  • In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
  • In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
  • In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Julia Constantino Chagas Lessa, email: j.constantinochagaslessa@essex.ac.uk.
The Law Education Admin Team - pgtlawqueries@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Prof Duncan Sheehan
University of Leeds
Professor
Resources
Available via Moodle
Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Essex Law School

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