2019-01-25T11:21:15+00:00

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

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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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