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Welcome to our new readers and hello to our old! Below please find summaries of articles of interest published to www.Forwarderlaw.com during April 2011:
Its Just not Fair! The Doctrine of Unjust Enrichment
With its basis firmly in statute and treaty, admiralty law seems to leave little space for arguments based on equitable principles. US Editor Steve Block reviews a recent case where the equitable doctrine of unjust enrichment saved a claim by a forwarder for charges that had been previously refused by the Federal Court for lack of jurisdiction:
http://www.forwarderlaw.com/library/view.php?article_id=761
Incoterms 2010: What do I need to know?
Australia Editor Frazer Hunt has prepared this concise review of the 2010 Incoterms on a need to know basis. Did you know? Find out:
http://www.forwarderlaw.com/library/view.php?article_id=757
Readers are also encouraged to consider two prior commentaries on the 2010 Incoterms:
http://www.forwarderlaw.com/library/view.php?article_id=742
http://www.forwarderlaw.com/library/view.php?article_id=730
Are Unsigned Contracts Binding?
It is not uncommon for arrangements to be made or concluded by telephone, or even by an action (tendering cargo, for example). Gill Nadel reviews a case from the Magistrates Court of Rishon LTizion in which a forwarder was engaged by and ultimately even seconded an employee with a customer without ever confirming the specific agreement in a written and signed contract. Do they have a basis for recovering an alleged debt for services provided? Find out here:
http://www.forwarderlaw.com/library/view.php?article_id=758
Can a Freight Forwarder be a Common Carrier?
The status of the forwarder whether principal or agent; carrier or forwarder is frequently in question. Philippines Editor Joey T. Banday reviews a recent decision of the Supreme Court in which both the forwarder and ocean carrier were defendants:
http://www.forwarderlaw.com/library/view.php?article_id=759
Rotterdam Rules (III): Commentary and Criticism
A reader has drawn attention to the fact that part III of the 3-part review of the Rotterdam Rules by General Editor Gavin Magrath was no longer available. That part has now been re-posted with an update to reflect the deposit by Spain of the first (and only) ratification, and links to all three parts are below:
Part I: Background http://www.forwarderlaw.com/library/view.php?article_id=562
Part II: Major Changes http://www.forwarderlaw.com/library/view.php?article_id=570
Part III: Comment and Criticism http://www.forwarderlaw.com/library/view.php?article_id=760
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 |