Thesis Abstract

Abstract
The contract of carriage of goods by sea is a fundamental agreement that governs the transportation of goods via maritime vessels. This research project delves into the rights and obligations of the parties involved in such contracts. The aim is to provide a comprehensive understanding of the legal framework that underpins these agreements and the responsibilities that each party must adhere to. The rights of the parties under the contract of carriage of goods by sea are crucial aspects that ensure a fair and efficient transportation process. These rights include the shipper's right to have the goods delivered in the same condition as when they were shipped, the carrier's right to receive the agreed-upon freight charges, and the consignee's right to take delivery of the goods at the destination port. Understanding and upholding these rights are essential for the smooth execution of the contract. Conversely, the obligations of the parties in the contract of carriage of goods by sea are equally important. The shipper has the obligation to properly package and label the goods for transportation, provide accurate documentation, and pay the freight charges as agreed. On the other hand, the carrier is obligated to transport the goods safely and in a timely manner, provide a seaworthy vessel, and issue the necessary transport documents. Failure to fulfill these obligations can lead to disputes and legal issues between the parties. Moreover, this research project examines the legal remedies available to parties in case of breach of contract or disputes during the carriage of goods by sea. These remedies may include claiming damages for loss or damage to the goods, seeking indemnification for additional costs incurred due to the breach, or terminating the contract in extreme cases. Understanding these legal remedies is essential for protecting the interests of the parties and resolving conflicts in a fair and efficient manner. In conclusion, the rights and obligations of parties under the contract of carriage of goods by sea are essential components that ensure a smooth and efficient transportation process. By exploring these aspects in depth and understanding the legal framework that governs them, parties can mitigate risks, resolve disputes, and uphold their responsibilities in a manner that benefits all stakeholders involved in maritime transportation.

Thesis Overview

Transportation is an integral factor in international trade and the contract of carriage of goods by sea, forms part of the complex web of transactions witnessed at international trade. The purpose of this project is to illuminate the nature and the inherent features present in the contract of Carriage of Goods by Sea and to also highlight the rights as well as the duties owed by the parties. It also seeks to point the obligations the law imposes on the parties as well as the liabilities they would incur on the event of breach in this form of contract.

CHAPTER ONE

THE NATURE OF THE CONTRACT OF CARRIAGE OF GOODS BY SEA

1.1 INTRODUCTION

Man has always been by his nature an interactive and interdependent being, and trade has been one of those means by which he interacts and shows his interdependency. He engages in the exchange of goods and services for a valuable consideration.

The concept of international trade is not new to man, only that here, this form of exchange seems to resonate on a much broader platform involving a complex web of structures and processes which makes this sort of transaction possible and one of this structure is the carriage of goods by sea, thus it is important to point out that, this form of transportation of goods is not only vital to international trade, but it also forms an integral part of it, that the absence it would make international trade very difficult to undertake.

Though our focus is the rights and obligations of parties under the carriage of goods by sea, full appreciation of this rights and duties will not be attained, if some attention is not given to highlight the nature of this form of transaction.

1.2 DEFINITION

The contract of carriage of goods by sea can easily be seen as a contract involving two parties who for an agreed sum agree to be bound by the terms reached by them. But this definition may be very misleading, for though the contract of carriage involve this important element it is not the same as the usual contracts reached and agreed by parties.

Perhaps looking at some definitions posed by some authorities, more light would be shed on the nature of this kind of contract. Clive M. Schmitthoff tried to give a vivid description as to the nature of this contract, here he said that a contract of carriage entails a situation where an exporter concludes with a ship owner to carry goods in his ship from one port to another, usually overseas, such contract is known as the contract of carriage by sea. R.M. Goode on the other hand sees a contract of carriage involving two parties the shipper and the carrier. The shipper is the person to whom the carrier undertakes the duty of transporting the goods.

Black’s Law Dictionary defines it as an agreement for carriage of goods by water, which may employ a bill of lading, a charter party or both to ship goods.

Finally, Article 1 Carriage of Goods By Sea Act defines contract of carriage as those that:

“Apply only to contracts covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under a pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same”.