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The solstice has come and gone, and the FIATA World Congress is just around the corner. In the meantime, below are news items posted to Forwarderlaw in September that may be of interest to our readers:
You be the Judge: Geofizika v MMB
Last e-news, Editor Emeritus Peter F.M. Jones presented readers with the facts in this case of damage to on-deck cargo, also the subject of an earlier e-news item. Can the cargo interest recover from the forwarder? For the original facts, click here:
http://www.forwarderlaw.com/library/view.php?article_id=709 For Peters analysis, click here:
http://www.forwarderlaw.com/library/view.php?article_id=713
When the Contract Terms are only the Beginning
Although oral agreements also form binding contracts, contracts in writing are less susceptible to ambiguity. Even with clear written contracts, however, there are a wide variety of circumstances in which the rights and obligations defined in the contract do not provide a complete analysis of the legal positions of the parties. Paul Bugden explains:
http://www.forwarderlaw.com/library/view.php?article_id=712
In Piracy Infested waters
In a surprising and dramatic development, a federal judge in Virginia threw the international campaign against Somali piracy into jeopardy in August by dismissing piracy charges against a Somali accused of an attack on a U.S. warship. Eugene Kontorovich of Northwestern University Law School provides this analysis:
http://www.forwarderlaw.com/library/view.php?article_id=710
Customs Brokers Liability for Letter of Credit
Advocate Roy Gilad reviews a recent decision of the Tel Aviv Magistrates Court in respect of a claim brought by an importer against the banks following the approval of documents and payment of a letter of credit negotiated by the Broker in the face of numerous documentary deficiencies. For the result and analysis, click here:
http://www.forwarderlaw.com/library/view.php?article_id=714
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 |