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You Be the Judge!
Standard Trading Conditions are commonly found on the reverse of transportation documents; they are also commonly illegible, unfaxed, contradictory, or imply ignored. When will the Courts bind parties to those terms, and when will they find them unenforceable? Editor Emeritus Peter Jones provides the facts from the famous case of Bowler v Laceys - but YOU can be the judge!
http://www.forwarderlaw.com/library/view.php?article_id=609
Rotterdam Rules: Problems with Packages
The lack of a standard definition for 'package' has caused countless disputes over the appropriate limitation value for cargo claims. One might have imagined that the Rotterdam Rules would be crafted to avoid this ambiguity. Not so, writes Steve Block in this recent update:
http://www.forwarderlaw.com/library/view.php?article_id=608
Loading, Stowing, and Discharge
From the perspective of both the practical claims man in a shipping office and a lawyer, some of the most intractable problems with the carriage of goods, surround the issues of loading, stowing and discharging the goods. UK Editor Paul Bugden addresses these common problem areas in the context of heavy lift moves:
http://www.forwarderlaw.com/library/view.php?article_id=607
Non-Designated Forum = Dismissal
Forum designation clauses have been enforceable in the US since the Sky Reefer decision. Although they are most often used to dismiss claims brought in non-designated forums. In a recent New York case, however, the plaintiff not only had their claim dismissed, but faced a massive damage award for its breach of contract in ignoring the clause! For a full review by US contributor Steven Block, click here:
http://www.forwarderlaw.com/library/view.php?article_id=605
Rotterdam Rules - an Israeli Perspective
The Rotterdam Rules are much on the mind of transport professionals and counsel the world over. Click here for Advocate Gilad's report on the proposed new regime from the Israeli perspective:
http://www.forwarderlaw.com/library/view.php?article_id=610
General
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Gavin Magrath Magrath O'Connor LLP 302-326 Richmond St. W. Toronto, ON, M5V 1X2 direct: 416-931-0463 fax: 1-866-389-0743 gavin@magrathoconnor.com |