Allocation of Liability for Dangerous Goods under International Trade Law: CIF and FOB Contracts

Description

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis-declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea. Acknowledgements Contents Abbreviations Table of Cases 1. Introduction I. General II. Structure of the Book 2. International Regulations on Dangerous Goods I. Overview II. The IMDG Code III. Other IMO Instruments IV. Effectiveness of the Codes 3. Liability Arising from Dangerous Goods: General Framework I. General II. Meaning of Dangerous Goods III. Liability under Common Law IV. Liability under the Hague-Visby Rules V. Fault of the Carrier VI. Conclusion 4. The Shipper and His Liability under CIF and FOB Contracts I. General II. The Nature of CIF and FOB Contracts III. Conclusion 5. Transfer of Liability from the Seller to the Buyer under the Contract I. General II. Contractual Transfer of Liability III. Conclusion 6. Other Mechanisms for Imposing Liability on the Buyer I. General II. Liability under the Brandt v Liverpool Doctrine III. Bailment Action IV. Function of the Document of Title V. Potential Tort Actions against the Buyer VI. Conclusion 7. Causal Link under the Contract of Sale I. General II. Under the 1979 Act III. Conclusion 8. Recovery of the Loss under the Contract I. General II. Damages under the 1979 Act III. Conclusion 9. Non-contractual Remedies I. General II. Propositions for Recovery under the Civil Liability (Contribution) Act 1978 III. Suggestions on Tort Actions IV. Conclusion 10. Conclusion I. Outcomes and Proposed Solutions II. A Holistic Approach Bibliography Index