Forwarderlaw E-news for November
2007
Hello and welcome to readers old
and new. The last two months have been quite eventful, and your Editor humbly
apologizes for the delay in the release of this e-news.
New Forwarderlaw Member for
Ireland
All of us at Forwarderlaw extend
our warm welcome to Helen Noble of Mason, Hayes, & Curran, our newest
forwarderlaw member. She has provided us with a helpful overview of the
Transport laws of Ireland, sure to be of interest to any of our readers doing
business there:
http://www.forwarderlaw.com/library/view.php?article_id=470
The Tasman
Pioneer
The high Court of New Zealand has
rendered its decision in the case of the Tasman Pioneer, wrecked in Japanese
waters in May 2001 after the Master attempted to steam through a narrow channel
in bad weather with malfunctioning radar equipment. In the aftermath of the
accident, the ships logs were falsified and the crew asked to provide false
evidence with respect to the voyage to the Japanese Coast Guard. The case
focussed very much on post-accident conduct, the ‘error in navigation’ defence,
and the application of a ‘good faith’ doctrine in commercial relationships.
For initial case notes click
here:
http://www.forwarderlaw.com/library/view.php?article_id=469
For a perspective from cargo
insurers, click here:
http://www.forwarderlaw.com/library/view.php?article_id=476
For further thoughts from our UK
Editor Paul Bugden, click here:
http://www.forwarderlaw.com/library/view.php?article_id=477
Liability of Intermediary for
Acts of Carriers?
Steve Block provides and
interesting – and unsettling – commentary on a case before the Courts of
Virginia. The claim was brought by a trucker who was involved in an accident
with another trucker; in addition to suing the carrier, the plaintiff claimed
against the transport broker who arranged the carriage. Sadly, the broker was
not able to avoid liability on a motion for summary judgment. The court
determined that at least two issues were substantial enough to go to trial:
first, whether the trucker, and independent contractor, could be legally
described as an employee, and second, whether the obligations with respect to
the haul itself (and not the physical load) could be said to have been
‘entrusted’ to the subcontractor, exposing the broker to a claim in negligent
entrustment. These issues will go to trial. For the full review click
here:
http://www.forwarderlaw.com/library/view.php?article_id=474
Fundamental Breach and
interpretation of Contract Terms
Editor Emeritus Peter Jones
reviews a recent English Court of Appeal decision involving a shipment of copper
that was delivered to the wrong party as a result of fraud. Perhaps surprising
to our readers will be the Court’s conclusion that the Hague Visby rules would
not apply, although the cargo originated in South Africa, which adopted the
Rules in domestic law, and the law of the contract was the law of England, a
State Party to the convention. The applicability of the Rules to post-discharge
loss was also considered and rejected: in the result the carrier was liable for
the entire value of the cargo. For the full article click here:
http://www.forwarderlaw.com/library/view.php?article_id=478
Mexican Trucking
Stateside
US West Coast contributor Steve
Block writes about the ‘problem’ of Mexican trucks. Since 1982 Mexican truckers
have been prohibited from operating beyond a small corridor close to the border,
ostensibly based on safety concerns. This increases shipping costs from Mexico,
one of the U.S.’ biggest trading partners, and may be contrary to America’s
NAFTA obligations. The fate of a year long pilot project also remains to be
determined. For more click here:
http://www.forwarderlaw.com/library/view.php?article_id=472
Marine Insurance
Primer
Our UK Editor Paul Bugden has
also provided a primer on Marine Insurance for those involved in the industry
who are often uncomfortable with insurance policies. The first three parts are
available here:
http://www.forwarderlaw.com/library/view.php?article_id=471