The Obligations of the Carrier Regarding the Cargo

The Obligations of the Carrier Regarding the Cargo

Author: Ilian Djadjev

Publisher: Springer

Published: 2017-08-22

Total Pages: 343

ISBN-13: 3319624407

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This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers).


Civil Liability for Accidents at Sea

Civil Liability for Accidents at Sea

Author: Sarah Fiona Gahlen

Publisher: Springer

Published: 2015-02-24

Total Pages: 440

ISBN-13: 3662455552

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​This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.​


Text, Cases & Materials on Medical Law

Text, Cases & Materials on Medical Law

Author: Marc Stauch

Publisher: Routledge

Published: 2017-07-05

Total Pages: 695

ISBN-13: 1351546910

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Lucid and logical in structure, this new edition, previously entitled Sourcebook on Medical Law draws together a wide range of essential material, including extracts from statutes, cases and academic commentary from medical law; an area which is fast becoming an important part of undergraduate syllabuses.Fully updated to take account of recent developments in this dynamic area of law, it examines two major pieces of legislation: the Mental Capacity Act 2005 and the Human Tissue Act 2004 as well as a significant amount of new case law, including the House of Lords decisions in Chester v Afshar and Gregg v Scott and the Court of Appeal decision in R (on the application of Burke) v GMC and others.Divided into two parts, it covers:the general principles that permeate medical law, exploring illness and the ethics of care and healthcare in England and Wales and consent to treatment, confidentiality and medical malpracticeissues which arise in relation to specific areas of medical treatment, including infertility treatment and surrogacy, pregnancy and abortion, treating the incompetent, the mentally ill, medical research, organ transplants and euthanasia. This textbook is an invaluable reference tool for all those studying medical law as well as those studying medicine.


Lloyd's: Law and Practice

Lloyd's: Law and Practice

Author: Julian Burling

Publisher: CRC Press

Published: 2013-09-05

Total Pages: 768

ISBN-13: 1134501501

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The unique features of the Lloyd’s Corporation and Market and their governing rules are complex and are often difficult to navigate even for the most seasoned practitioner. This book provides the reader with a definitive and detailed guide, and is essential for any practitioner dealing with Lloyd’s Insurance. After a brief historical account, the book provides a thorough legal description and analysis of Lloyd’s, which includes topics ranging from the constitution and membership requirements of Lloyd’s, UK and overseas regulation, the processes for placing and underwriting business and handling claims, chain of security, enforcement and disciplinary matters, compensation and the reconstruction and the renewal of the Lloyd’s market between 1990 and 1996. The book will be an invaluable reference tool for insurance practitioners and professionals dealing with Lloyd’s. Julian Burling is a barrister at Serle Court, and has been involved in advising on and implementing nearly all significant legal developments at Lloyd’s in the last 25 years.


Cambridge Compendium of International Commercial and Investment Arbitration

Cambridge Compendium of International Commercial and Investment Arbitration

Author: Stefan Kröll

Publisher: Cambridge University Press

Published: 2023-03-02

Total Pages: 3006

ISBN-13: 1009302388

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The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.


Equity & Trusts

Equity & Trusts

Author: Paul S. Davies

Publisher: Oxford University Press

Published: 2016

Total Pages: 1089

ISBN-13: 0198727658

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Paul Davies and Graham Virgo present the most engaging and student-focused text, cases, and materials approach to equity and trusts, providing an authoritative account of the law in a single volume.


Insurance Law Implications of Delay in Maritime Transport

Insurance Law Implications of Delay in Maritime Transport

Author: Aysegul Bugra

Publisher: Taylor & Francis

Published: 2017-07-06

Total Pages: 239

ISBN-13: 1134833725

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Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ayşegül Buğra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.


Text, Cases and Materials on Medical Law and Ethics

Text, Cases and Materials on Medical Law and Ethics

Author: Marc Stauch

Publisher: Routledge

Published: 2011

Total Pages: 674

ISBN-13: 0415582318

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Divided into two parts, this text examines both the general principles that permeate medical law and issues which arise in relation to specific areas of medical treatment.