Assessment for Shipping Business & International Trade

In Rebecca & ‘Zorba’s’ Restaurant case, the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL, 2005, p70) In addition, another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four issues.

1.To respond to emergencies i.e. fire (in port) or on board a ship at the anchorage, accidents , Accidents, Man over board, grounding of vessels, May- day calls, oil pollution to minimize the damage & causalities.

(2) A broad scope of conference activities to enable carriers to discuss and fix prices and conditions of service, pool earnings and traffic, allot ports, regulate sailings, limit the volume and character of cargo carried, engage in exclusive working arrangements, enter into agreements to regulate and prevent competition among themselves, and bring intermodal cargo transportation under the ambit of permissible conference agreements.

* Terms relating to the amount of damages that the parties might receive if things go wrong.

The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

Article 105 of 1982 Convention on the Law of the Sea provides that law enforcement agencies and the courts of the seizing state have responsibility for dealing with

a. in CIF, the goods are delivered past the ship’s rail, but S does not possess them until the port of destination. This is distinct from the FOB where delivery and possession occur at same time.

“The Jones Act, in general, requires that maritime transport of cargo between points in the U.S be carried by vessels that are owned by U.S. citizens and registered under the U.S flag with a coastwise endorsement, which in turn requires that such vessels be built in the United States. ”

Some of the key provisions of the act include: organization obligation regarding the coordination of spill cleanup endeavors; the Coast Sentinel oversees orchestrating seaward cleanup, while the Environmental Auspice Agency oversees on-shore endeavors. Second, better readiness for spill counteractive action and control by better arranging. Third, the proprietor will be in jeopardy for all the orderly up expenses. An outsider, if demonstrated capable, will be obligated for every one of the expenses of shipshape up exercises. Additionally, up to $350 million in obligation might be charged to the dependable party. The administration can balance this farthest point. The dis allowance of any vessel that has engendered a spill of more than 1 million gallons in any marine range from working in Prince William Sound. Determinately, the restricting of single structure tankers of more than 5000 ton limits.

In the case of JOSEPH CONSTANTINE STEAMSHIP LINE LIMITED v IMPERIAL SMELTING CORPORATION9, a ship was chartered to load a cargo, but on the day before she should have preceded to her berth an explosion occurred in the auxiliary boiler, which made it impossible for her to undertake the voyage. The cause of the explosion could not be definitely ascertained, and, of three possible explanations, only one would have imported negligence on the part of the ship-owners. The charterers claimed damages from the ship-owners for failure to load a cargo. At the time of the accident, the ship was not an “arrived” ship, and, therefore,

Export Cargo Containers shows how containers bound for export are transported from domestic companies, manufacturers or produce growers to the Port.

It is an order from a governmental commerce agency to ban or restrict trade and merchant ships from or to its ports and is usually imposed as a result of political or economic conflict between states with a purpose of hindering and creating circumstances for a certain country's governing body. [1]

Moment restrictions on certain artifact and services and you impoverishment to ensure that any proposed exports are permitted under the laws of the local region. Mistakes can ending in penalty or conclusion of artefact, fines and restrictions on the exporter.

2. Sunil was injured when he slipped on the wet floor of the Xerox Supermarket. It had been a rainy day and persons entering the store had made the floor wet? Explain the possible liability of Xerox Supermarket.

1.1 ABOUT SUBJECT: Admiralty Law or Maritime Law is a distinct body of domestic laws that supervene upon the maritime activities (like marine commerce, sailors’ related aspects, marine navigation, marine shipping, marine salvaging and transportation of passengers and goods by sea). It has also been governing questions and offenses related to maritime activities and other sub-heads. Broadly, it is a more of a private international law related subject that governs the relationship between private entities that operate vessels on the oceans.