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Freight Claim
A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof. Typically, the claimant will seek damages (financial compensation for loss), but other remedies include "specific performance", where the cargo-owner seeks delivery of the goods as agreed. At common law, any carrier has a duty to act with reasonable despatch. A "common carrier" may have strict liability, but normally the standard of care is only one of "due diligence", or acting "properly and carefully". Legal aspects The purpose of a freight claim is for the carrier to reimburse the shipper / consignee so as to put them in the position is if the carriage had been properly had carried out according to the bill of lading. For this reason, claimants are generally expected to file a claim to recover their costs, excluding profits. In very rare cases some profits may be recoverable, but a court will normally consider lost profits as non ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agent (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Form Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inherent Vice (library And Archival Science)
''Inherent Vice'' is a novel by American author Thomas Pynchon, originally published in August 2009. A darkly comic detective novel set in 1970s California, the plot follows sleuth Larry "Doc" Sportello whose ex-girlfriend asks him to investigate a scheme involving a prominent land developer. Themes of drug culture and counterculture are prominently featured. Critical reception was largely positive, with reviewers describing ''Inherent Vice'' as one of Pynchon's more accessible works. The novel was adapted into a 2014 film of the same name. Plot summary The novel is set in Los Angeles in 1970. Larry "Doc" Sportello, a private investigator and pothead, receives a visit from his former girlfriend Shasta Fay Hepworth, who is now having an affair with real-estate mogul Michael Z. "Mickey" Wolfmann. Shasta asks Doc to help foil a plot allegedly hatched by Mickey's wife Sloane and her lover, Riggs Warbling, to have Mickey admitted to a mental health institution. Later, a black mil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goodwin V Lamport And Holt
Goodwin may refer to: Names * Goodwin (surname), people with the surname * Goody Rosen (born Goodwin Rosen; 1912–1994), Canadian Major League Baseball All Star outfielder * Goodwin Liu (born 1970), American lawyer and politician * Goodwin Knight (1896–1970), American politician, 31st Governor of California * Goodwin Tutum Anim, Ghanaian journalist Places * Goodwin, Alberta, a locality in Canada * Goodwin Island, Nunavut, Canada * Goodwin's (Station), now Brookhaven, Georgia, United States * Goodwin, Nebraska, United States * Goodwin Sands, a sandbank in the English Channel * Goodwin, South Dakota, United States * Goodwin, West Virginia, United States * Lake Goodwin, Washington, United States * Goodwins, the original name of the Yorkshire Trading Company, United Kingdom Other uses * FL Goodwin, an American manufacturer of powered parachute aircraft * Goodwin & Company, a tobacco manufacturer * Goodwin College, East Hartford, Connecticut * Goodwin Field, a stadium in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Force Majeure
In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their obligations under the contract. Explicitly excluded is any event described as an ''act of God,'' which covers a separate domain and legally differs, yet it is still related to contract law. In practice, most clauses do not excuse a party's non-performance entirely but only suspend it for the duration of the .Supreme Court of India">Supreme Court (of India) 1285 it was held that "An analysis of ruling on the subject shows that reference to the expression is made where the intention is to save the defaulting party from the consequences of anything over which he had no control." Even if a ''force majeure'' clause covers the rel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules) or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is ''damnum fatale''. By contrast, other extraordinary man-made or political events are deemed '' force majeure''. Contract law In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach. Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a debtor' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregory V Commonwealth Railways Cmr
Gregory may refer to: People and fictional characters * Gregory (given name), including a list of people and fictional characters with the given name * Gregory (surname), a surname Places Australia * Gregory, Queensland, a town in the Shire of Burke **Electoral district of Gregory, Queensland, Australia * Gregory, Western Australia. United States *Gregory, South Dakota * Gregory, Tennessee *Gregory, Texas Outer space * Gregory (lunar crater) *Gregory (crater on Venus) Other uses * "Gregory" (''The Americans''), the third episode of the first season of the television series ''The Americans'' See also * Greg (other) * Greggory * Gregoire (other) * Gregor (other) * Gregores (other) * Gregorian (other) * Gregory County (other) * Gregory Highway, Queensland * Gregory National Park, Northern Territory * Gregory River in the Shire of Burke The Shire of Burke is a local government area in North West Queenslan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rotterdam Rules
The "Rotterdam Rules" (formally, the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) is a treaty proposing new international rules to revise the legal framework for maritime affreightment and carriage of goods by sea. The Rules primarily address the legal relationship between carriers and cargo-owners. The aim of the convention is to extend and modernize existing international rules and achieve uniformity of International trade law in the field of maritime carriage, updating or replacing many provisions in the Hague Rules, Hague-Visby Rules and Hamburg Rules. The convention establishes a comprehensive, uniform legal regime governing the rights and obligations of shippers, carriers and consignees under a contract for door-to-door shipments that involve international sea transport. Although the final text was greeted with much enthusiasm, a decade later, little has happened. As of December 2018, the rules are not yet i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hamburg Rules
The Hamburg Rules are a set of rules governing the international shipment of goods, resulting from the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on 31 March 1978. The Convention was an attempt to form a uniform legal base for the transportation of goods on oceangoing ships. A driving force behind the convention was the attempt by developing countries' to provide all participants a fair and equal chance of succeeding. It came into force on 1 November 1992. History The first of the international conventions on the carriage of goods by sea was the Hague Rules of 1924. In 1968, the Hague Rules were updated to become the Hague-Visby Rules, but the changes were modest. The convention still covered only "tackle to tackle" carriage contracts, with no provision for multimodal transport. The industry-changing phenomenon of containerization was barely acknowledged. The 1978 Hamburg Rules were introduced to provide a framework that was bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Rules
The Hague Rules of 1924 (formally the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, and Protocol of Signature") is an international convention to impose minimum standards upon commercial carriers of goods by sea. Previously, only the common law provided protection to cargo-owners; but the Hague Rules should not be seen as a "consumers' charter" for shippers because the 1924 Convention actually favoured carriers and reduced their obligations to shippers. The Hague Rules represented the first attempt by the international community to find a workable and uniform way to address the problem of shipowners regularly excluding themselves from all liability for loss or damage to cargo. The objective of the Hague Rules was to establish a minimum mandatory liability of carriers.(6) Under the Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the vessel was unseaworthy, improperly manned or unable to saf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NZ Shipping Co Ltd V A M Satterthwaite & Co Ltd
''New Zealand Shipping Co. Ltd. v. A. M. Satterthwaite & Co. Ltd.'', or ''The Eurymedon'' () is a leading case on contract law by the Judicial Committee of the Privy Council. This 1974 case establishes the conditions when a third party may seek the protection of an exclusion clause in a contract between two parties. Facts A drilling machine was to be shipped from Liverpool to Wellington, New Zealand. The bill of lading stipulated the limited liability of the carrier. It further stated that the clause would extend to servants, agents, and any independent contractors, which is often referred to as a "Himalaya clause". The carrier company was a subsidiary of the company that also owned the stevedore operation that unloaded the drill. Due to negligence the stevedores damaged the drill while unloading it. The stevedores claimed protection of the immunity clause in the contract between the carrier and Satterthwaite. Judgement This case had facts on all fours with the earlier House of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
