Applicable Laws on Bill of Lading Dissertation Example | Topics and Well Written Essays - 3500 words

Applicable Laws on Bill of Lading - Dissertation Example This writer proposes to examine the current status of the liability of the carrier pursuant to the Carriage of Goods by Sea Act 1992, including relevant laws which may affect its application and for this purpose, the draft Table of Contents is reproduced: Chapter I. Introduction Scope Statement of the Problem Chapter II. Review of Literatures Applicable Lawson Bill of Lading The Bill of Lading Act 1855 Carriage of Goods by Sea Act 1971 and 1992 Relevant United Nations Conventions Case Laws Chapter III. Impact of Other Lawson UK’s Carriage of Goods by Sea Act Sales of Goods Act 1893 and 1979 E-Commerce Law Chapter IV. Historical Background Evolution of the Bill of Lading Infirmities of the Bill of Lading Act 1855 Relevance of the Carriage of Goods by Sea Act 1992 on E-commerce and Sales of Goods Chapter V. ... Judicial, Arbitration, and other Remedial Processes Court Jurisdiction Forum Selection Choice of Law Conflict of Laws Arbitration Chapter VII. Conclusion II. The central issue for resolution is—may a carrier’s liability be expanded or limited considering that the contract of carriage is characterized as a contract of adhesion as the shipper has no other recourse but to accede to the terms and conditions contained in the contract? This dissertation aims to determine whether a waiver executed by a shipper shall absolve a carrier from liability. Stated differently, if the shipper executes a waiver, any violation which accrues thereafter is likewise deemed waived. If not, what remedies are available to the consignee or transferee, if any? It shall likewise be determined if the aggrieved party may be able to recover the actual cost of damage or loss incurred from the carrier. This dissertation will answer if the bill of lading automatically confers an absolute right to the h older, endorsee or consignee over the goods covered by the contract including the right to dispose of, sell or transfer and more importantly, the right to sue and indemnity in case of damage or loss. It equally aspires to resolve which courts shall have jurisdiction over disputes arising from the possession, title or right over the consigned goods and parenthetically, may it be subject to arbitration proceedings? It is aimed to ascertain whether arbitration is a justifiable alternative to judicial adjudication.