Toni Trucks Ltd based in England have agreed to sell a number of their products to Georgie Star Trucking in South Africa. The products are 40 engines, 15 carbon fibre exhausts and 2 oversized Bull Trucks. The goods are to be shipped from Southampton to Cape Town.
Toni Trucks Ltd has entered into a contract with Franks Shipping Ltd for the carriage of
the goods in March 2020. The contract specified that the parties have chosen that English law to apply in case of dispute. There is also a bill of lading supplied. The vessel was the Francesca.
The bill of lading issued for carriage of the goods and contained the following statement, the carrier has liberty to carry goods on deck and shipowners will not be responsible for any loss, damage or claim arising therefrom. The two Bull Trucks were carried on deck and the rest of the engines and exhausts below deck.
During the voyage, due to the poor management of the trucks stored on deck the vessel
was unbalanced and the trucks washed off the deck. The Francesca also deviated from
the contractual route and stopped in Rabat so that the captain could see his ailing mother. The Francesca then resumed the contractual route.
When the Francesca arrived in Cape Town it was evident that 40 engines and 15 exhausts carried below deck in cargo holds were damaged by sea water.
It was found that sea water entered into the holds through defective storm valve covers. The covers had been removed for inspection shortly before the vessel started on her voyage. The covers had not been properly refitted by the independent firm of ship repairers who had been instructed to carry out the survey.
Discuss the liabilities of Franks Shipping Ltd under the Hague – Visby rules.
Precedent cases are likely to be used, but not necessary. Even if its International Commercial Law, Im asking the writer to do the job as it was made by UK student, because I study in London.
All quotations from or use of other writers work must be properly referenced that is, you must give the author, title, and date of publication of the work concerned, and the page or section number of the passage quoted or cited; coursework answer should be properly referenced using the OSCOLA Referencing System.