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Forwarderlaw E-news: March 2011
On behalf of all of us in the northern hemisphere we welcome Spring and the March 2011 edition of Forwarderlaw’s e-news:
Duties of the Forwarder as Agent
Contracts for carriage (and indeed, contracts for forwarding services) invariably include a notice requirement for damage claims. While the forwarder generally lacks knowledge of the specifics of the cargo and damage, they are usually the first party to learn about it. Although the law may vary from state to state, the custom is that the forwarder gives notice to the carrier on behalf of their principal: Editor Emeritus Peter Jones reviews the custom here:
http://www.forwarderlaw.com/library/view.php?article_id=752
Impact of a complex Charter Party on Cargo Claims
Just like the obligations of carriage, the elements of a Charter Party are frequently the subject of a series of sub-charters and partial charters, which complicate questions both of applicable law and of responsibility for negligent or wrongful acts. East Coast Editor Steve Block reviews the particularly complex case of MAN Ferrostaal Inc v M/V AKILI et al:
http://www.forwarderlaw.com/library/view.php?article_id=756
Getting the Evidence to Support Your Case: Part 3
The wait is over: readers may now click below for the third of a three part article by UK Editor Paul Bugden, in which he discusses the evidentiary burden and the practical implications for cargo claimants:
http://www.forwarderlaw.com/library/view.php?article_id=751
Shipper fails to prove delay damage to cargo of peppers
Perishable foodstuffs are very susceptible to damage, but the burden on the plaintiff to prove such damage is no lighter! Advocate Gill Nadel reviews this recent decision of the Magistrate’s Court at Tel Aviv in which the Court refused a damage claim in respect of spoiled goods for want of causative proof:
http://www.forwarderlaw.com/library/view.php?article_id=754
Small Compensation for Consequential Damages
Most cases of delay or damage involve ‘consequential damages’ – the lost business, reputation, or custom that results from the lost or delayed shipment. Claimants must still meet the burden of proof and adduce evidence to support both the liability for the loss as well as for the amount of the loss. Adv. Nadel discusses this oft-overlooked claim:
http://www.forwarderlaw.com/library/view.php?article_id=755
Shipowners’ Risk in Ukrainian Ports
Ukraine is a state with a strict state control and ambiguous legal system which results in uncertainties, corruption and unpredictability, and vessels entering its ports face a variety of man-made perils other than. From Ballast Water to Drugs regulations, those doing business in the Ukraine are well advised to read this article by Mssrs. Melnykov and Chebotarenko of the International Law Offices, and to obtain expert local counsel!