Sources of Law (Contracts of Carriage)

The three potential sources of law are "The Contract of Carriage", "English Law" and " (a)   "

Which of the following is a relevant English Statute for contracts of carriage

• Unfair Contract Terms Act 1977

• Sale of Goods Act 1979

• Sale of Goods by Sea Act 1965

• Maritime Law Act 2010

Which of the following statutes ratified the Hague Visby Rules into English Law?

• Sale of Goods Act 1979

• Sale and Supply of Services Act 1982

• Unfair Contract Terms Act 1977

• Carriage of Goods by Sea Act 1971

According to Article (a)   , the HVR only applies to 'contracts of carriage covered by a bill of lading or any similar document or title in so far as such document relates to the carriage of goods by sea'

True of false: The HVR will only apply if both contracting parties are from member states

• True

• False

Answer explanation

The HVR will apply if

a) The Bill of Lading is issued in a contracting state, or

b) The carriage is from a port in a contracting state, or

c) the contract contained in or evidenced by the bill of lading provides that these rules, legislation of any state giving effect to them, are to govern the contract

The HVR will not automatically apply to a bill of lading unless it is (a)  

The HVR will not apply to bills of ladings for the carriage of what type of cargo?

(a)  

Would the HVR automatically apply:

Our seller is from England and has a bill of lading for sheep to be shipped to france.

• Yes

• No

Answer explanation

As live animals are being shipped, the goods wouldn't fall under Art 1(c)

Would the HVR automatically apply:

Our Seller is shipping 1 tonne of apples from Ireland, but the transferable bill of lading is issued in the UK.

• Yes

• No

Answer explanation

Because whilst Ireland isn't a contracting party, the bill of lading has been issued out of the UK which is a contracting party.

Would the HVR apply:

Our Seller is shipping 1 tonne of apples from the USA. The bill of lading is specifically stated to go to the consignee and cannot be transferred to another party. The contract of carriage states that it is subject to the HVR.

• Yes

• No

Answer explanation

Because both parties have agreed to be bound despite not having to be under the HVR automatically.