Module overview
Bills of lading and analogous shipping documents play important roles in the carriage of goods by sea. In this module you will study the functions of a bill of lading, cargo claims under the Hague-Visby Rules and rights of suit at both common law and statute. This involves the application of general principles of English commercial law, principally being an application of the law of contract, tort and bailment, to the specific field of the carriage of goods by sea. Legislation (and principles of its interpretation) will be examined, including in particular the Carriage of Goods by Sea Act 1971 (bringing into force in the UK the Hague-Visby Rules) and the Carriage of Goods by Sea Act 1992.
Aims and Objectives
Learning Outcomes
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- Identify and explain the main internationally-accepted principles underpinning the law relating to bills of lading.
- Locate and analyse relevant legal and other primary and secondary source materials including model bills of lading.
- Analyse relevant legal materials, including statutes, case law and standard bill of lading clauses.
- Appraise and criticise existing debates in U.K. and international bills of lading law, using appropriate legal research skills.
- Apply the legal principles, with appropriate legal authorities, in the solution of complex problems.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- Distinguish relevant from irrelevant materials.
- Identify and analyse key issues.
- Display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.
- Think critically, develop coherent arguments in writing.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- Existing areas of debate and development about what the bills of lading law are and how they should be govern e.g. in the context of electronic bills of lading.
- The main principles which govern the English law of bills of lading and the extent to which English law is influenced by internationally accepted principles, and vice versa.
Syllabus
The following is an indicative list of the content of the module:
- the functions of bills of lading in carriage of goods by sea (a) as a receipt of goods, (b) as evidence of contract, and (c) as a document of title;
- the Hague-Visby Rules under the Carriage of Goods by Sea Act 1971, in particular: (a) its rules on obligations and liabilities, (b) cargo claims under the Hague-Visby Rules
- the rights of suit at common law and Carriage of Goods by Sea Act 1992
Learning and Teaching
Teaching and learning methods
This module is taught through lectures (8x2hours) and seminars (3x2hours). Lectures will introduce the principles and structure of the subject. You are expected to provide the main input to the seminars where the principles introduced in the lectures are applied to hypothetical scenarios.
The most important part of learning is your own independent study. This will, however, be closely guided, and firmly tied into the lectures, seminars and assessment. In the seminars you will have the opportunity to present arguments orally to a group of peers and defend your position under challenge.
Type | Hours |
---|---|
Tutorial | 6 |
Independent Study | 128 |
Lecture | 16 |
Total study time | 150 |
Resources & Reading list
Textbooks
Sir Bernard Eder; David Foxton; Steven Berry; Christopher Smith; Professor Howard Bennett (2019). Scrutton on Charterparties and Bills of Lading. Sweet & Maxwell.
Richard Aikens, Michael Bools, Richard Lord (2016). Bills of Lading. Informa Law from Routledge.
Sir Guenter Treitel; Professor Francis M B Reynolds (2017). Carver on Bills of Lading. Sweet & Maxwell.
John Wilson (2010). Carriage of Goods by Sea. Pearson Longman.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Formative Assessment
- Assessment Type: Formative
- Feedback:
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat Information
Repeat type: Internal & External