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6LAW1065 INTERNATIONAL COMMERCIAL LAW ASSESSMENT 2

Question:

Sea Dolphin Ltd entered into a contract with Marine Adventure Shipping Ltd for the carriage of 5 tonnes of frozen fish, 20 speed boats and 12 barrels of gasoline on the Queen Elizabeth II from Hong Kong to Southampton in October 2023. The contract was covered by a bill of lading which clearly stated that English law will govern the contract.

The bill of lading contained the following clause: ‘The carrier has liberty to carry goods on deck and shipowners will not be responsible for any loss, damage or claim arising therefrom’. 20 speed boats and 2 barrels of gasoline were carried on deck, while 5 tonnes of frozen fish and 10 barrels of gasoline were carried below deck.

During the voyage, poor cargo management led to an imbalance of the ship, causing 10 speed boats to be washed off the deck. While traversing the Red Sea, the ship was attacked by a drone belonging to Yemen’s Houthi rebels, resulting in significant damage to the remaining speed boats and the ship’s midsection.

As a result, the Queen Elizabeth II deviated from its contractual route and stopped in Saudi Arabia for inspection and repairs. During this stop, 2 barrels of gasoline stored on deck were stolen overnight, with suspicions falling on shore-based workers. After completing the necessary repairs, the Queen Elizabeth II resumed its contractual route.

Later in the voyage, the ship encountered a strong storm, leading to seawater entering holds two and three. The storm covers had been taken off for inspection shortly before the vessel began its journey. They were loosely refitted by an independent ship repair company that had been tasked with conducting the survey.

Upon arrival in Southampton, it was discovered that the sea water had damaged all 5 tonnes of frozen fish, rendering them unfit for consumption. Additionally, a faulty pump allowed water to seep into the cargo holding the 10 barrels of gasoline, resulting in them being of sub-standard quality.

Critically evaluate the liability of the carrier and shipper under the Hague Visby Rules. Would your answer be different if 12 barrels of gasoline were carried under Hamburg rules? Page limit – 12 (including footnotes and but excluding bibliography). All references must be OSCOLA compliant. KEEP IN MIND This is a multi-layered problem question which is wide-ranging, complex and challenging.

It demands critical thinking, awareness and creativity alongside knowledge and understanding of at least 5 areas that you have studied within the course. The rationale for this is that you need to have an appreciation of an International commercial transaction and the various elements that take place from the purchase of goods Internationally.

This assessment will test your level of knowledge and understanding of key areas of law as well as some key practical commercial considerations. The assessment is worth 60% of the overall module marks. You will be marked according to the Level 6 grading criteria, which can be found here.

Note: The answer to this problem question should be done by IRAC method. Apply ROME 1 HAGUE VISBY RULES mainly AND HAMBURG AND ROTTERDAM RULES as well to the problem question. I need at least 25 to 30 relevant Case laws to be mentioned and 10-15 secondary references e.g Articles, Journals,others etc Footnotes and priper Oscola Referencing with the Bibliography at the end is a mustttt!

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