Contracts of carriage by sea frequently involve disputes referred to arbitration. As an independent legal consultant, advise one of your clients on the basic principles of arbitration

Contracts of carriage by sea frequently involve disputes referred to arbitration. As an independent legal consultant, advise one of your clients on the basic principles of arbitration

MARITIME LAW

 

Instructions to candidates:

                                  

a) Time allowed: Three hours (plus an extra ten minutes’ reading time at the start – do not write anything during this time)

b) Answer any FIVE questions

c) All questions carry equal marks. Marks for each question are shown in [ ]

 

1. Contracts of carriage by sea frequently involve disputes referred to arbitration. As an independent legal consultant, advise one of your clients on the basic principles of arbitration. [20]

 

2. Explain the meaning of frustration and discuss THREE different types of frustration. [20]

 

3. Describe what you understand by the following:

 

a) Sea waybills

b) Freight forwarders

c) Negligence [20]

 

4. Explain the following clauses of voyage charter:

 

a) Cargo clauses

b) Freight clauses

c) Lay time provisions [20]

 

5. ‘Seaworthiness has been defined as a fitness of the ship to withstand the expected hazards of the contemplated voyage laden with cargo.’ Comment on this statement and summaries its legal implications. [20]

 

6. Discuss the principal legal issues associated with international freight. [20]

 

7. Write notes on THREE of the following contractual exemptions to be found in the standard charter forms:

 

a) Perils of the sea

b) Collisions

c) Strikes or lockouts

d) Defective packing [20]

 

8. Examine the legal issues relating to the use of combined transport and provide examples to support your explanations. [20]


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