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Legal aspects of sea and air cargo transport documents with special reference to international carriage

Leng, Lim Hock (1990) Legal aspects of sea and air cargo transport documents with special reference to international carriage. Doctor of Philosophy (PhD) thesis, University of Kent. (doi:10.22024/UniKent/01.02.86010) (KAR id:86010)

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https://doi.org/10.22024/UniKent/01.02.86010

Abstract

The central theme of this thesis is founded on the legal aspects of sea and air cargo transport documents in relation to international conventions, national legislation adopting these conventions, and the common law. Foreign legislation and cases (particularly those of American origin) are discussed, where pertinent or possible, to establish a comparative perspective. Chapter 1 deals with the functions of the bill of lading, the most common document used in the carriage of goods by sea. Charterparties are not discussed in order to limit the scope of the thesis. The different types of bills of lading and other sea cargo transport documents toqether with their complexities (for example, charterparty bills in 2.5 and container and combined transport bills in 2.7) are dealt with in Chapter 2. The international conventions and the reasons for their evolution as well as the legislative techniques employed to effect their

application are considered in Chapter 3. The shipper and consignee's responsibilities (as to dangerous cargo and freight) are discussed in Chapter 4 while the carrier's i responsibilities from acceptance of the cargo and seaworthiness to delivery are discussed in Chapter 5. In

Chapter 6, the carrier's liability is analysed. Here the principal areas of discussion relate to exemption clauses, and deviation and its legal implications. The Bills of Lading Act 1855 (the restrictions of its application and the language in which it is couched) and the right of suit against the carrier in tort (privity, bailment, the network contract concept, and exemption clauses) are treated in the penultimate chapter. The carriage of goods under the Warsaw System is discussed in the final chapter.

Item Type: Thesis (Doctor of Philosophy (PhD))
DOI/Identification number: 10.22024/UniKent/01.02.86010
Additional information: This thesis has been digitised by EThOS, the British Library digitisation service, for purposes of preservation and dissemination. It was uploaded to KAR on 09 February 2021 in order to hold its content and record within University of Kent systems. It is available Open Access using a Creative Commons Attribution, Non-commercial, No Derivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) licence so that the thesis and its author, can benefit from opportunities for increased readership and citation. This was done in line with University of Kent policies (https://www.kent.ac.uk/is/strategy/docs/Kent%20Open%20Access%20policy.pdf). If you feel that your rights are compromised by open access to this thesis, or if you would like more information about its availability, please contact us at ResearchSupport@kent.ac.uk and we will seriously consider your claim under the terms of our Take-Down Policy (https://www.kent.ac.uk/is/regulations/library/kar-take-down-policy.html).
Uncontrolled keywords: Law
Subjects: K Law > K Law (General)
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: SWORD Copy
Depositing User: SWORD Copy
Date Deposited: 29 Oct 2019 16:24 UTC
Last Modified: 15 Feb 2022 10:13 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/86010 (The current URI for this page, for reference purposes)
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