I uploaded this slides for those who are taking Cargo Insurance subject and whoever interested with it..take a look on this perhaps it may helps you regarding your understanding learning process..have a nice day mates! :)
This document discusses maritime law as it relates to cargo documentation for the carriage of goods by sea. It begins by outlining key areas of maritime law and then focuses on objectives related to familiarizing marine engineers with legal aspects of cargo documentation. It defines important terms, describes various cargo documents like bills of lading and waybills. It also discusses the Hague-Visby Rules and Hamburg Rules which provide international regulations for carriage of goods and bills of lading. The document closes by outlining requirements for issuing and contents of bills of lading.
This document discusses Indian laws related to the carriage of goods. It covers three primary means of carriage: land, sea, and air. For carriage by land, the key acts discussed are The Carriers Act 1865 and The Indian Railways Act 1890. For carriage by sea, important acts mentioned are The Indian Bills of Lading Act 1856, The Carriage of Goods by Sea Act 1925, The Merchant Shipping Act 1958, and The Marine Insurance Act 1963. Carriage by air is governed by The Carriage by Air Act 1972. The document also examines common carriers and private carriers, their rights and responsibilities, and provides examples of applying these carriage laws in practical legal cases.
This document discusses contracts of indemnity under Indian law. It defines a contract of indemnity as one where one party promises to save the other from losses caused by the promisor or a third party. It provides examples of indemnity contracts like motor, marine, and fire insurance. The document identifies the indemnifier as the party who promises indemnification and the indemnity holder as the party whose losses are covered. It outlines the rights of an indemnity holder when sued, including damages paid, costs incurred, and sums paid in compromise if following the indemnifier's orders. Finally, it notes the contract act is silent on the rights of the indemnifier.
This document discusses customs procedures in India related to import and export of goods. It covers the process that must be followed by carriers bringing goods into or out of India as well as importers and exporters. Key steps include submitting import/export manifests and bills of entry, assessing duties, examining goods, and issuing clearance orders. The document also reviews provisions for warehousing goods, duty drawback, and rates/valuations used to determine customs duties.
This document provides an overview of dishonour of cheques under Indian law. It defines dishonour of a cheque as when it is returned unpaid by the drawee bank for reasons of insufficient funds or signature mismatch. There are two kinds of dishonour: non-acceptance and non-payment. Dishonour can result in legal action against the drawer, loss of negotiability of the cheque, and accrual of a cause of action if a demand notice is issued and unpaid. Dishonour becomes a criminal offense if the payee gives notice demanding payment within 15 days and payment is not made within a further 15 days. Liability on dishonour can be civil, resulting in a fine of twice the
The document discusses the capacity to contract under Indian law. It defines who is competent to enter into a contract according to Section 11 of the Contract Act, including those of the age of majority and of sound mind. It then discusses those who are incompetent to contract, such as minors under 18 years old, those of unsound mind (lunatics, idiots, drunk/intoxicated), and those disqualified by law like alien enemies and convicts. The document provides further details on the rules for minors, those of unsound mind, and those disqualified contracting. It also discusses exceptions for necessaries supplied to minors and those of unsound mind.
This document summarizes the rights of a surety in a contract. It outlines three main rights: 1) Rights against the creditor, such as being eligible for any securities the creditor holds against the principal debtor; 2) Rights against the principal debtor, such as suing the debtor to recover amounts paid if the surety discharges the debt; 3) Rights against co-sureties, such as a right to contribution if a surety pays more than their share of the debt. An example is provided of co-sureties being equally liable to pay a debt of Rs. 30,000 where if one surety pays more than their share of Rs. 10,000, they can claim the excess from the other
The document discusses the concept of domicile under succession law. It defines domicile as the place where a person has fixed their habitation with the intention of remaining there indefinitely. A new domicile can be acquired in three ways: by origin of birth, by operation of law such as marriage, or by choice by taking up residence in a new country. To acquire a new domicile by choice in Pakistan, a person must reside there for one year and then make a written declaration of their intention to acquire a Pakistani domicile by depositing it in the designated government office. A case study is also presented where a woman was granted additional marks for a teaching position based on her acquired domicile through marriage
This document discusses maritime law as it relates to cargo documentation for the carriage of goods by sea. It begins by outlining key areas of maritime law and then focuses on objectives related to familiarizing marine engineers with legal aspects of cargo documentation. It defines important terms, describes various cargo documents like bills of lading and waybills. It also discusses the Hague-Visby Rules and Hamburg Rules which provide international regulations for carriage of goods and bills of lading. The document closes by outlining requirements for issuing and contents of bills of lading.
This document discusses Indian laws related to the carriage of goods. It covers three primary means of carriage: land, sea, and air. For carriage by land, the key acts discussed are The Carriers Act 1865 and The Indian Railways Act 1890. For carriage by sea, important acts mentioned are The Indian Bills of Lading Act 1856, The Carriage of Goods by Sea Act 1925, The Merchant Shipping Act 1958, and The Marine Insurance Act 1963. Carriage by air is governed by The Carriage by Air Act 1972. The document also examines common carriers and private carriers, their rights and responsibilities, and provides examples of applying these carriage laws in practical legal cases.
This document discusses contracts of indemnity under Indian law. It defines a contract of indemnity as one where one party promises to save the other from losses caused by the promisor or a third party. It provides examples of indemnity contracts like motor, marine, and fire insurance. The document identifies the indemnifier as the party who promises indemnification and the indemnity holder as the party whose losses are covered. It outlines the rights of an indemnity holder when sued, including damages paid, costs incurred, and sums paid in compromise if following the indemnifier's orders. Finally, it notes the contract act is silent on the rights of the indemnifier.
This document discusses customs procedures in India related to import and export of goods. It covers the process that must be followed by carriers bringing goods into or out of India as well as importers and exporters. Key steps include submitting import/export manifests and bills of entry, assessing duties, examining goods, and issuing clearance orders. The document also reviews provisions for warehousing goods, duty drawback, and rates/valuations used to determine customs duties.
This document provides an overview of dishonour of cheques under Indian law. It defines dishonour of a cheque as when it is returned unpaid by the drawee bank for reasons of insufficient funds or signature mismatch. There are two kinds of dishonour: non-acceptance and non-payment. Dishonour can result in legal action against the drawer, loss of negotiability of the cheque, and accrual of a cause of action if a demand notice is issued and unpaid. Dishonour becomes a criminal offense if the payee gives notice demanding payment within 15 days and payment is not made within a further 15 days. Liability on dishonour can be civil, resulting in a fine of twice the
The document discusses the capacity to contract under Indian law. It defines who is competent to enter into a contract according to Section 11 of the Contract Act, including those of the age of majority and of sound mind. It then discusses those who are incompetent to contract, such as minors under 18 years old, those of unsound mind (lunatics, idiots, drunk/intoxicated), and those disqualified by law like alien enemies and convicts. The document provides further details on the rules for minors, those of unsound mind, and those disqualified contracting. It also discusses exceptions for necessaries supplied to minors and those of unsound mind.
This document summarizes the rights of a surety in a contract. It outlines three main rights: 1) Rights against the creditor, such as being eligible for any securities the creditor holds against the principal debtor; 2) Rights against the principal debtor, such as suing the debtor to recover amounts paid if the surety discharges the debt; 3) Rights against co-sureties, such as a right to contribution if a surety pays more than their share of the debt. An example is provided of co-sureties being equally liable to pay a debt of Rs. 30,000 where if one surety pays more than their share of Rs. 10,000, they can claim the excess from the other
The document discusses the concept of domicile under succession law. It defines domicile as the place where a person has fixed their habitation with the intention of remaining there indefinitely. A new domicile can be acquired in three ways: by origin of birth, by operation of law such as marriage, or by choice by taking up residence in a new country. To acquire a new domicile by choice in Pakistan, a person must reside there for one year and then make a written declaration of their intention to acquire a Pakistani domicile by depositing it in the designated government office. A case study is also presented where a woman was granted additional marks for a teaching position based on her acquired domicile through marriage
A bill of lading is a document issued by a carrier that details the shipment of merchandise and gives title to the specified party. It serves as a receipt for accepted cargo and must be presented at the destination to take delivery. There are two types: a negotiable bill of lading requires the original document to release cargo, while a non-negotiable bill allows release with a copy, stamp, or authorization letter instead of the original.
Marine shipping insurance has existed since the late 17th century when sailors at Lloyd's coffee house in London would discuss insurance. Today, over 50,000 merchant ships internationally carry 90% of global trade. There are several reasons for requiring insurance, such as legal compliance, financial protection from losses, and protection from dangers at sea. Common types of marine insurance include cargo insurance, war risk policies, and insurance for ships under construction. Key parties in marine insurance are the carrier, charterer, consignee, and consignor. A bill of lading is a critical legal document that accompanies all shipments by sea.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
The document discusses various aspects of free consent in contracts under Indian law. It defines consent, coercion, undue influence, fraud, and mistake. It provides examples and explanations for when consent is not considered free due to these factors. Consent obtained through coercion, undue influence, fraud, or mistake may make a contract voidable.
The document outlines several key differences between arbitration and conciliation as methods for resolving disputes. Arbitration requires a prior written agreement between parties and results in a binding judgment, while conciliation can be used for existing disputes without a prior agreement and results in a non-binding settlement authenticated by the conciliator. Information disclosed in conciliation can be kept confidential, unlike in arbitration where both parties scrutinize evidence. Conciliation proceedings cannot be used as evidence in later legal proceedings.
This document discusses customs procedures in India related to import and export of goods. It covers the procedures that must be followed by carriers bringing goods into or out of India as well as importers and exporters. Key points covered include requirements for import/export manifests, types of bills of entry, assessment of import duty, examination of goods, and clearance procedures. Export procedures mirror the import procedures in reverse. The document also briefly discusses provisions for baggage, warehousing, duty drawback and other related topics.
Marine insurance is the oldest branch of insurance that covers marine cargo and marine hull. It provides protection to cargo during transit by road, rail, sea, and air. The insurance commences from when goods are dispatched and covers them until delivery at the final destination or for up to 60 days after unloading from a vessel. Major requirements for marine cargo export insurance include the invoice value and voyage details. Standard clauses set by Lloyd's of London are used worldwide in marine export and import policies.
Business Law - Sales of Goods Act Case StudiesNeville Chesan
The document discusses four legal cases related to sale of goods and consumer disputes:
1) Ravinder Raj vs Maruti Udyog involved a dispute over payment of increased excise duty on a car. The Supreme Court dismissed the petitioner's claim based on sections of the Sale of Goods Act.
2) JCL International vs Bharat Petroleum concerned fixing the price of LPG cylinders. The court ruled the provisional price could be revised based on the contract and Sale of Goods Act.
3) Ammireddy Oils vs Oriental Insurance involved an insurance claim for goods damaged in a fire. The court awarded partial payment based on the policy terms.
4) C.N.
This document contains summaries of 8 case laws related to the Sale of Goods Act in India:
1) Rash Behari Singh vs Emperor: Appellants found guilty of conspiracy and theft for dishonestly consuming electrical energy.
2) Union of India vs Central India Machinery: Petition dismissed as raw materials purchased against 90% advance payment did not become property of purchaser under contract terms.
3) Badri Prasad vs State of Madhya Pradesh: Appeal fails as forest and trees vested in state and timber was not "ascertained goods" under contract for sale.
4) Antony Thomas vs Ayuppunni Mani: Appeal dismissed as stipulation regarding maximum bad
The document discusses the Indian Contract Act of 1872. It provides definitions of key terms related to contracts such as agreement, offer, acceptance, consideration, and validity. An agreement only becomes a legally valid contract if it meets certain essential elements - there must be an offer and acceptance, lawful object and consideration, capacity and free consent of parties, certainty and possibility of performance. The document also describes different types of contracts based on their formation, parties involved, performance obligations, and enforceability. It provides examples to illustrate concepts related to contracts under the Indian Contract Act.
Burglary insurance originated in 1887 at Lloyds in London to cover losses due to theft, robbery, or larceny. It is an important add-on insurance policy for small businesses to protect their livelihoods and property. Burglary insurance covers various classes of theft including residence theft, bank burglary, safe deposit box losses, and interior office and store robbery.
This extemporaneous slide show presentation features a compelling, comprehensive overview of injunctions as applied to common real property litigation disputes where monetary remedies presumably provide insufficient compensation; i.e. trespass violations.
This document discusses conditions and warranties in contracts for the sale of goods. It defines a condition as a fundamental term of the contract, the breach of which allows the buyer to reject the goods and claim damages. A warranty is a collateral term, the breach of which only allows damages but not rejection. The document outlines the differences between conditions and warranties. It also discusses implied conditions and warranties imposed by law, such as title, description, fitness for purpose, and merchantability. The document provides examples to illustrate these legal concepts.
The document summarizes key aspects of the Specific Relief Act 1963 in India. It outlines the objectives of the act, which are to define and amend laws around specific types of relief. It describes the different types of relief covered in the act, including specific performance of contracts, recovery of possession of property, and injunctions. For recovery of possession, it notes that Section 6 provides a summary remedy for persons dispossessed of immovable property without consent and not in due course of law, allowing recovery within 6 months.
Lecture Material on Marine Cargo Insurance by Samiran LahiriSamiran Lahiri
This is a reasonably comprehensive guide to Marine Cargo Insurance meant for Marine Insurance practitioners, exporters, importers, domestic traders, surveyors and students of Marine Cargo insurance in Management and Insurance training Institutions. The contents would be useful to the Freight Forwarders,Multi modal transport operators and any person obtaining/facilitating in obtaining Marine Insurance cover both in Global and in Indian context. I thank all my colleagues and students who have relentlessly pushed me for more than 3 decades to bring such a lecture material of my in public domain.
Pledge is the bailment of goods as security for repayment of a debt or performance of a promise. The pledger (bailor) delivers possession of movable property to the pledgee (bailee) as security. The pledgee has the right to retain the goods until repayment of the debt and expenses. The pledger can redeem the goods by repaying the debt within the agreed time or any subsequent time before goods are sold. Duties include the pledgee taking reasonable care of goods and the pledger repaying the debt. A non-owner can also pledge goods in some situations like a mercantile agent pledging with owner's consent.
1) Section 438 of the Criminal Procedure Code allows individuals to apply for anticipatory bail if they believe they may be arrested for a non-bailable offense.
2) The High Court or Court of Session has jurisdiction to grant anticipatory bail and may impose conditions to ensure justice and prevent obstruction.
3) Courts have wide discretion in deciding anticipatory bail applications on a case by case basis due to the impossibility of laying down rules for all possible cases.
The document provides an overview of contract law in India according to the Indian Contract Act of 1872. It defines key terms like contract, agreement, and promise. A contract is an agreement that is enforceable by law, containing an offer, acceptance, and consideration. The document outlines the essential elements of a valid contract and classifications of contracts based on enforceability, formation, performance, and obligations. It provides examples to illustrate different types of contracts.
Equitable remedies are granted at the court's discretion to address wrongs where legal damages are inadequate. They include specific performance, which compels performance of a contract according to its terms, and injunctions, which are court orders prohibiting or requiring an action. Specific performance ensures compliance with contract terms while injunctions restrain breaches of negative contractual obligations. Equitable remedies can be varied if facts change and are intended to provide flexible relief not available at common law.
TCB Insurance Programs, LLC is a wholesale insurance broker which provides the best fuel haulers cargo insurance through the top insurance carriers, service providers.
This document provides an overview of marine insurance and key concepts related to business risk management. It defines marine insurance as a contract where the insurer agrees to indemnify the insured for losses from marine adventures. Some key points covered include the meaning and purpose of marine insurance policies, principles like utmost good faith and insurable interest, types of policies and clauses, insured perils and exclusions, losses like total/partial/average losses, and warranties. The document also compares the different levels of coverage under the Institute Cargo Clauses A, B and C.
A bill of lading is a document issued by a carrier that details the shipment of merchandise and gives title to the specified party. It serves as a receipt for accepted cargo and must be presented at the destination to take delivery. There are two types: a negotiable bill of lading requires the original document to release cargo, while a non-negotiable bill allows release with a copy, stamp, or authorization letter instead of the original.
Marine shipping insurance has existed since the late 17th century when sailors at Lloyd's coffee house in London would discuss insurance. Today, over 50,000 merchant ships internationally carry 90% of global trade. There are several reasons for requiring insurance, such as legal compliance, financial protection from losses, and protection from dangers at sea. Common types of marine insurance include cargo insurance, war risk policies, and insurance for ships under construction. Key parties in marine insurance are the carrier, charterer, consignee, and consignor. A bill of lading is a critical legal document that accompanies all shipments by sea.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
The document discusses various aspects of free consent in contracts under Indian law. It defines consent, coercion, undue influence, fraud, and mistake. It provides examples and explanations for when consent is not considered free due to these factors. Consent obtained through coercion, undue influence, fraud, or mistake may make a contract voidable.
The document outlines several key differences between arbitration and conciliation as methods for resolving disputes. Arbitration requires a prior written agreement between parties and results in a binding judgment, while conciliation can be used for existing disputes without a prior agreement and results in a non-binding settlement authenticated by the conciliator. Information disclosed in conciliation can be kept confidential, unlike in arbitration where both parties scrutinize evidence. Conciliation proceedings cannot be used as evidence in later legal proceedings.
This document discusses customs procedures in India related to import and export of goods. It covers the procedures that must be followed by carriers bringing goods into or out of India as well as importers and exporters. Key points covered include requirements for import/export manifests, types of bills of entry, assessment of import duty, examination of goods, and clearance procedures. Export procedures mirror the import procedures in reverse. The document also briefly discusses provisions for baggage, warehousing, duty drawback and other related topics.
Marine insurance is the oldest branch of insurance that covers marine cargo and marine hull. It provides protection to cargo during transit by road, rail, sea, and air. The insurance commences from when goods are dispatched and covers them until delivery at the final destination or for up to 60 days after unloading from a vessel. Major requirements for marine cargo export insurance include the invoice value and voyage details. Standard clauses set by Lloyd's of London are used worldwide in marine export and import policies.
Business Law - Sales of Goods Act Case StudiesNeville Chesan
The document discusses four legal cases related to sale of goods and consumer disputes:
1) Ravinder Raj vs Maruti Udyog involved a dispute over payment of increased excise duty on a car. The Supreme Court dismissed the petitioner's claim based on sections of the Sale of Goods Act.
2) JCL International vs Bharat Petroleum concerned fixing the price of LPG cylinders. The court ruled the provisional price could be revised based on the contract and Sale of Goods Act.
3) Ammireddy Oils vs Oriental Insurance involved an insurance claim for goods damaged in a fire. The court awarded partial payment based on the policy terms.
4) C.N.
This document contains summaries of 8 case laws related to the Sale of Goods Act in India:
1) Rash Behari Singh vs Emperor: Appellants found guilty of conspiracy and theft for dishonestly consuming electrical energy.
2) Union of India vs Central India Machinery: Petition dismissed as raw materials purchased against 90% advance payment did not become property of purchaser under contract terms.
3) Badri Prasad vs State of Madhya Pradesh: Appeal fails as forest and trees vested in state and timber was not "ascertained goods" under contract for sale.
4) Antony Thomas vs Ayuppunni Mani: Appeal dismissed as stipulation regarding maximum bad
The document discusses the Indian Contract Act of 1872. It provides definitions of key terms related to contracts such as agreement, offer, acceptance, consideration, and validity. An agreement only becomes a legally valid contract if it meets certain essential elements - there must be an offer and acceptance, lawful object and consideration, capacity and free consent of parties, certainty and possibility of performance. The document also describes different types of contracts based on their formation, parties involved, performance obligations, and enforceability. It provides examples to illustrate concepts related to contracts under the Indian Contract Act.
Burglary insurance originated in 1887 at Lloyds in London to cover losses due to theft, robbery, or larceny. It is an important add-on insurance policy for small businesses to protect their livelihoods and property. Burglary insurance covers various classes of theft including residence theft, bank burglary, safe deposit box losses, and interior office and store robbery.
This extemporaneous slide show presentation features a compelling, comprehensive overview of injunctions as applied to common real property litigation disputes where monetary remedies presumably provide insufficient compensation; i.e. trespass violations.
This document discusses conditions and warranties in contracts for the sale of goods. It defines a condition as a fundamental term of the contract, the breach of which allows the buyer to reject the goods and claim damages. A warranty is a collateral term, the breach of which only allows damages but not rejection. The document outlines the differences between conditions and warranties. It also discusses implied conditions and warranties imposed by law, such as title, description, fitness for purpose, and merchantability. The document provides examples to illustrate these legal concepts.
The document summarizes key aspects of the Specific Relief Act 1963 in India. It outlines the objectives of the act, which are to define and amend laws around specific types of relief. It describes the different types of relief covered in the act, including specific performance of contracts, recovery of possession of property, and injunctions. For recovery of possession, it notes that Section 6 provides a summary remedy for persons dispossessed of immovable property without consent and not in due course of law, allowing recovery within 6 months.
Lecture Material on Marine Cargo Insurance by Samiran LahiriSamiran Lahiri
This is a reasonably comprehensive guide to Marine Cargo Insurance meant for Marine Insurance practitioners, exporters, importers, domestic traders, surveyors and students of Marine Cargo insurance in Management and Insurance training Institutions. The contents would be useful to the Freight Forwarders,Multi modal transport operators and any person obtaining/facilitating in obtaining Marine Insurance cover both in Global and in Indian context. I thank all my colleagues and students who have relentlessly pushed me for more than 3 decades to bring such a lecture material of my in public domain.
Pledge is the bailment of goods as security for repayment of a debt or performance of a promise. The pledger (bailor) delivers possession of movable property to the pledgee (bailee) as security. The pledgee has the right to retain the goods until repayment of the debt and expenses. The pledger can redeem the goods by repaying the debt within the agreed time or any subsequent time before goods are sold. Duties include the pledgee taking reasonable care of goods and the pledger repaying the debt. A non-owner can also pledge goods in some situations like a mercantile agent pledging with owner's consent.
1) Section 438 of the Criminal Procedure Code allows individuals to apply for anticipatory bail if they believe they may be arrested for a non-bailable offense.
2) The High Court or Court of Session has jurisdiction to grant anticipatory bail and may impose conditions to ensure justice and prevent obstruction.
3) Courts have wide discretion in deciding anticipatory bail applications on a case by case basis due to the impossibility of laying down rules for all possible cases.
The document provides an overview of contract law in India according to the Indian Contract Act of 1872. It defines key terms like contract, agreement, and promise. A contract is an agreement that is enforceable by law, containing an offer, acceptance, and consideration. The document outlines the essential elements of a valid contract and classifications of contracts based on enforceability, formation, performance, and obligations. It provides examples to illustrate different types of contracts.
Equitable remedies are granted at the court's discretion to address wrongs where legal damages are inadequate. They include specific performance, which compels performance of a contract according to its terms, and injunctions, which are court orders prohibiting or requiring an action. Specific performance ensures compliance with contract terms while injunctions restrain breaches of negative contractual obligations. Equitable remedies can be varied if facts change and are intended to provide flexible relief not available at common law.
TCB Insurance Programs, LLC is a wholesale insurance broker which provides the best fuel haulers cargo insurance through the top insurance carriers, service providers.
This document provides an overview of marine insurance and key concepts related to business risk management. It defines marine insurance as a contract where the insurer agrees to indemnify the insured for losses from marine adventures. Some key points covered include the meaning and purpose of marine insurance policies, principles like utmost good faith and insurable interest, types of policies and clauses, insured perils and exclusions, losses like total/partial/average losses, and warranties. The document also compares the different levels of coverage under the Institute Cargo Clauses A, B and C.
This document summarizes DSV Insurance's cargo insurance offerings. It provides an overview of DSV Insurance as the insurance company for the DSV Group, and describes their standard cargo insurance coverage options including all-risk coverage, storage insurance, total loss and general average coverage, consequential loss coverage, warehousing coverage, DSV Xpress shipment coverage, and general cargo insurance policies. Contact details are provided at the end for questions about DSV's cargo insurance.
1) If your cargo shipment arrives damaged, take immediate action to file an insurance claim within 3 days.
2) Follow steps to gather evidence like noting damage, taking photos, retaining packaging and seals until inspected.
3) Notify all parties involved like the carrier, forwarder, supplier and your insurance company to extend claim timelines.
4) Work with your insurance company's surveyor and submit all documentation to process the claim.
Cargo claims are legal demands made to carriers by shippers or consignees seeking financial reimbursement for lost or damaged shipments. Claims for shortlanding occur when cargo is found missing upon delivery. The carrier will work with port authorities to trace missing cargo; if unfound, a shortlanding certificate is issued. Claims for loss or damage require notifying the carrier in writing within three days to arrange a joint survey. The consignee can then clear remaining goods and submit a claim. Claims are limited to the invoice price plus costs unless a higher value is declared in advance. Proper packaging, marking, stowage and security can help prevent loss and damage to cargo.
The document discusses a marine cargo insurance case study involving the shipment of 12,000 metric tons of fishmeal from Lima, Peru to Kathmandu, Nepal aboard the vessel Dragon Star. Key details provided include the insured value of $10.56 million, the ICC-A coverage requested with a $10,000 deductible, and vessel information showing it was a 5320 GRT bulk carrier built in 1974 and flagged in Panama. The document also reviews various ICC clauses covering risks and exclusions and discusses underwriting considerations involving interest, voyage, and conveyance risk analysis.
Getting export orders is essential for any export business to survive. There are several strategies businesses can use to find customers abroad, such as attending trade fairs, contacting government embassies, or working with an agent. Once a customer is located, exporters will provide product catalogs, samples, and quotations to the customer to negotiate details like price, payment terms, and delivery. If an agreement is reached, the customer will place a purchase order and the exporter will start the manufacturing process. Key steps in manufacturing include packing products, preparing required documents, and arranging for customs clearance and shipping. After shipping, exporters will send necessary commercial and regulatory documents to the customer and await payment according to the agreed upon terms.
Loud and Clear Insurance provides cargo insurance solutions for exports and imports. It offers various policy types like single transit policies, open policies, and marine sales turnover policies to suit clients' needs. Major risks covered include fire, sinking, overturning, collision and various perils during transit. Claims can be intimated toll-free or via email and tracked online, with surveys and payments processed within 30 days. The document compares Institute Cargo Clauses A, B and C and lists their differing coverage. It also details Loud and Clear's services, claims process, and contact information.
This document discusses the important conditions and clauses found in marine insurance policies. It explains that there are generally three main types of clauses: hull clauses, cargo clauses, and freight clauses. Hull clauses cover losses related to vessels, cargo clauses define the scope of cargo insurance, and freight clauses cover losses of freight revenue. Some key clauses discussed include assignment clauses, "at and from" clauses, deviation clauses, sue and labor clauses, and various other clauses relating to specific risks or terms of the policy.
This document provides an overview of marine cargo insurance. It discusses key principles like insurable interest and indemnity. It also covers different types of marine cargo policies, clauses used in policies, factors considered in underwriting proposals, and a brief overview of claims handling. The goal is to educate on all aspects of marine cargo insurance and its importance in facilitating international trade.
The document outlines the export and import process and key parties involved. It discusses the roles of the buyer-importer, shipper-exporter, freight forwarder, carrier, customs broker. For export, it describes checking regulations, arranging documentation and shipping, insuring goods, negotiating payments, filing export forms, and monitoring the shipment. The import process follows similar steps in reverse.
The document summarizes India's export promotion scheme. It outlines various objectives of export promotion such as compensating exporters for high domestic production costs and assisting new exporters. It then describes the organizational setup that supports export promotion through various ministries, councils, institutes, and public sector undertakings. The document also discusses incentives provided to exporters such as duty drawbacks, awards for excellence, and establishment of special economic zones to boost exports.
Corporate Social Responsibility Case Study: Coca Cola IndiaAsma Muhamad
Discover a case study of Coca Cola India in which how they turns their corporate social irresponsibility/issue into corporate social responsibility that give benefits to parties around where Coca Cola India operates their factories.
The document discusses export promotion in India. It describes how the Government of India established Export Promotion Councils (EPCs) and other institutions to promote and assist Indian exports. EPCs are responsible for specific industries and products. They provide registration, market information, trade fair participation and other support services to exporters. Key EPCs include those for various commodities, textiles, engineering goods and autonomous bodies like APEDA and NAFED.
INTERNATIONAL TRADE DOCUMENTS used in Export and Import Procedures are Commercial Invoice, Packing List, Certificate of Origin, Irrevocable Letter of Credit, Bill of Lading and CMR Document.
This document discusses various methods of payment for export sales, including cash in advance, open account, letters of credit, sight bills, and usance bills. Cash in advance requires upfront payment before goods are shipped. Open account allows goods to be shipped before payment is due, usually within 30-90 days, but carries the highest risk for exporters. Letters of credit provide a bank guarantee of payment if terms are met. Sight bills require payment on delivery of documents, while usance bills allow acceptance of payment within an agreed credit period after delivery.
This document provides an overview of balance of payments (BOP) accounting. It defines BOP as a systematic record of all economic transactions between a country and the rest of the world. It notes that BOP has three main components: the current account balance, capital account balance, and the overall BOP. The current account tracks goods/services exports and imports, while the capital account tracks financial flows. The document also discusses factors that can cause BOP disequilibriums and monetary/non-monetary policy tools to correct imbalances, such as devaluation, export promotion, and tariffs.
Some of the documents required in export transaction are preliminary inquiry and offer, confirmation of order, export license, finance among others. There are two dozen commercial and regulatory documents that are involved in the pre-shipment stage of an export transaction.
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The exporter books an air freight flight, arranges for the cargo to be delivered to the airport and loaded onto the aircraft. The aircraft then flies to the destination airport where the cargo is unloaded and cleared by customs and transportation agents before being delivered to the importer's warehouse. Proper documentation such as the HAWB, export permits, and import permits are required to facilitate the international air freight of goods.
The document provides information about the World Trade Organization (WTO). It notes that the WTO was established on January 1, 1995 and succeeded the General Agreement on Tariffs and Trade (GATT). The WTO aims to supervise and liberalize international trade between its 153 member countries. It has an annual budget of 196 million Swiss francs and 629 staff members. The WTO seeks to promote free trade and resolve trade disputes between countries.
Marine insurance covers losses from perils at sea for ships, cargo, and freight. It originated in ancient civilizations and developed further in medieval Italy and England. Lloyd's of London standardized marine insurance clauses. A marine insurance policy must specify the insured, subject, perils, voyage or time period, sum insured, and insurer. It can cover voyages, time periods, specific or floating property values. Perils of the sea are uncontrollable risks like storms, collisions, or war that could cause loss during ocean transport.
This document provides an overview of marine insurance. It discusses what marine insurance is, the different branches including ocean marine and inland marine insurance. It also outlines the main types of marine insurance like cargo insurance, hull insurance, freight insurance, and marine liability insurance. The principles governing marine insurance contracts are also summarized, including utmost good faith, insurable interest, indemnity, and causa proxima. Finally, it describes the different types of losses covered, specifically total losses like actual and constructive total loss, and partial losses such as particular average loss and general average loss.
Marine insurance originated in England to insure ships transporting goods over seas for commerce. Before marine insurance existed, people would pool their money so those suffering losses on voyages could be compensated. Marine insurance involves large shipping companies insuring their fleets of cargo ships, which can each carry millions of rupees worth of goods. It is one of the oldest and most important forms of insurance due to the high value of goods shipped internationally each year.
Marine insurance protects parties involved in shipping from financial losses due to dangers at sea or accidents during transport. The document outlines the history and development of marine insurance since the 17th century. It describes key parties in shipping - carriers who own vessels, charters who find carriers, consignors who send shipments, and consignees who receive them. The bill of lading is the important legal document issued by carriers detailing a shipment. Different types of marine insurance policies cover vessels, cargo, and risks like war or piracy.
Marine insurance protects parties involved in shipping from financial losses. It covers risks like accidents, natural disasters, war, piracy and more. There are various types of marine insurance policies that cover vessels under construction, cargo, and increased ship values. Key parties in marine insurance are the carrier who owns the ship, the charterer who finds carriers, the consignee who receives the shipment, and the consignor who sends it. A bill of lading is a critical document that outlines shipping details and is required for claims of lost, damaged or delayed cargo.
This document provides an overview of marine insurance, specifically hull and machinery (H&M) insurance. It discusses the key types of marine insurance policies - H&M and protection and indemnity (P&I) - that ship owners purchase. H&M insurance compensates owners for damage or loss of the ship, while P&I covers liability claims from third parties. The document then examines the components of an H&M policy, including what losses are covered, deductibles, and exclusions from coverage. It also defines total and partial losses that may be covered.
A ship is defined as a large floating vessel used to transport people and goods across water. There are various types of ships that serve different purposes. The document discusses legal definitions of what constitutes a ship according to precedents. Specifically, a fishing coble was ruled to be a ship whether propelled by oars or not, while a jet ski was not considered a ship given its physical characteristics and purpose. Understanding the legal definition of a ship is important for those working in shipping and maritime law.
Marine Insurance, Contracts, and Indemnity.pdfKenCelles1
Marine insurance protects against physical losses and liabilities occurring during sea voyages. It is a contract of indemnity where the insurer agrees to compensate the insured for covered losses up to an agreed value or amount. Key aspects of marine insurance include types of policies (hull, cargo, liability), insurable interest requirements, policy terms and clauses (warranties, assignment, premium payment), and measures of indemnity for total or partial losses. The marine insurance industry plays an important role in managing risk for the global shipping sector.
This presentation provides an overview of marine insurance. Marine insurance covers loss or damage of ships, cargo, terminals, and cargo during transport by land or water. It insures against risks such as fire, explosions, contact with water, accidents, derailment, pilferage, and non-delivery. Marine insurance policies can be time policies, voyage policies, mixed policies, floating policies, valued policies, unvalued policies, and more. The presentation defines key elements of marine insurance contracts and policies, different types of marine perils and losses, various warranties, and classifications of marine losses.
1. A vessel carrying segregated gasoline and gasoil cargoes was found to have off-specification gasoil upon arrival at the discharge port due to a contaminated flash point.
2. Testing revealed the double valve segregation between cargo tanks was not in place, allowing for a vapour phase contamination from the gasoline to impact the higher flash point gasoil.
3. Further gas chromatography–mass spectrometry testing of cargo samples identified the source of contamination as vapors from the gasoline cargo affecting the gasoil through the common inert gas system when segregation was breached.
Marine insurance provides financial protection against losses from damage or loss of ships, cargo, and other transport by sea. It is one of the oldest forms of insurance and originated in England. In India, marine insurance is regulated by acts based on the original UK Marine Insurance Act of 1906 and has been practiced for centuries. Policies can cover the hull of vessels, cargo on board, and liability from incidents like collisions.
103314267 deviation-in-marine-insurance-and-contracts-of-carriageRoshni Manuel
Dissertation submitted to the University of Nottingham in 2012, as part of LL.M ( Maritime Law).
Deviation and delay in charterparties and marine insurance is covered in this write up
US Navy in WW II; session iv; the struggle for the MedJim Powers
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The MV Sea Empress oil tanker ran aground in Wales in 1996, spilling over 70,000 tonnes of crude oil into the sea and along the coastline. Poor communication due to the crew not speaking English contributed to difficulties in the salvage operation and prevented the efficient use of tugs. The accident was found to be caused by human error and inadequate pilot training by the port authority, resulting in a large fine. Proper communication may have helped refloat the ship sooner and lessened the environmental damage.
The document discusses various aspects of marine insurance including key principles like indemnity, insurable interest, utmost good faith, and proximate cause. It describes different types of marine insurance policies like voyage and time policies. It also discusses warranties, the marine insurance market in London, and covers provided under hull and machinery (H&M) and protection and indemnity (P&I) insurance.
Marine insurance covers risks associated with transporting cargo by sea. It protects shipowners, cargo owners, and transport companies from financial losses. There are several types of marine insurance policies that cover different aspects like hulls, cargo, and freight. The key principles of marine insurance include utmost good faith between parties, the insured having an insurable interest, indemnifying only the extent of loss, and determining the proximate cause of loss when multiple causes contribute. Marine insurance helps ensure safe and reliable international trade by compensating losses from risks at sea.
The document discusses hull and machinery insurance. It provides details on the history and basic coverages of hull insurance, including accidental loss or damage to ships. It also discusses the target market for hull insurance, competition in the market, underwriting process, claims process, and factors that affect profitability. COVID-19 impacted some insurers but business has rebounded as restrictions eased. Overall, hull insurance is a profitable product with relatively low claim frequency.
A contract of marine insurance is an agreement where an insurer agrees to indemnify an assured for losses arising from a marine adventure, or sea voyage. A marine adventure involves exposing insurable property, like a ship or goods, to maritime perils such as fire, war, pirates, or captures at sea. For a valid contract to exist, the assured must have an insurable interest in the marine adventure, such as having a financial interest in the safe arrival of insured property. There are different types of marine insurance policies that can be taken out, including voyage policies, time policies, and mixed policies, which can be valued or unvalued depending on if a sum is pre-agreed. The voyage described in the policy must be
This document provides an overview of marine insurance. It discusses that marine insurance covers the loss or damage of ships, cargo, terminals, and any transport by which the property is transferred, acquired, or held between the points of origin and the final destination. It then covers some key types of marine insurance, including those that cover damage to ships, cargo, freight, and life of crew members. The document also discusses general average, deviations, war risk insurance, strike riot civil commotion clauses, multimodal transport operator liability insurance, and party logistics. It provides examples and explanations of some of these concepts in marine insurance.
MARITIME LAW10pages...$40 fixed priceI need a law e.docxmccullaghjackelyn
MARITIME LAW
10pages...$40 fixed price
I need a law expert
The work is for UK student
no plagiarism or work done before for other students
20 sources
Havard format and Citation
The Task
O voyage-charted their vessel
The Costa Lotta
to VC, to carry a consignment of crude oil from Piraeus (Greece) to Southampton (the UK). VC own
The Jolly Roger
. VC are domiciled and have their place of registered business in Piraeus. VC have no agents, nor any business activity in England at all.
During the voyage to carry the oil,
The Costa Lotta
got into difficulties due to especially bad weather conditions that arose whilst she was in the Mediterranean going towards the Italian coastline. The master of the vessel, Captain Hook, ordered the vessel close into the shoreline and gave a “mayday” call to the Italian Coastguard. A salvage company agreed to assist
The Costa Lotta
, which was at this initial stage refused refuge at any Italian port. By the time salvage terms were agreed, a considerable amount of the cargo of crude oil had escaped from
The Costa Lotta
into the surrounding seawater. The salvage company sent their vessel,
Thunderbird
, to assist
The Costa Lotta
, and Captain Hook signed a LOF 2000 with the SCOPIC provisions. The salvage operation succeeded in rescuing
The Costa Lotta
and stopping further oil from escaping. The salvors also provided an effective clean up procedure, which greatly minimised the impact to the environment of the oil that had escaped into the sea. That damage to the environment was minimised was due not only to the specialist skills in oil pollution control of the master of
Thunderbird
, but also to the considerable efforts made by Captain Hook and his crew.
The Costa Lotta
was eventually given refuge by the Italian authorities, and towed into the Ligurian Sea and into the Port of Genoa. Much of her cargo had been lost. Although the clean-up operation appeared to have successfully contained the oil, the neighbouring French authorities were concerned to monitor the arrival of
The Costa Lotta
into Genoa. When
The Costa Lotta
arrived within the jurisdiction of the Port, Captain Hook was detained by the Port Authorities to give a detailed report of the incident. The Authorities have now refused to release him and there are suggestions that he might be prosecuted for his part in the occurrence of the incident. The French authorities have also threatened to prosecute the owners of the vessel for the perceived threat of oil damage to the French Rivera coastline (such damage would be most detrimental to the tourist industry there).
The salvors are now pressing O for remuneration for the salvage operation, but O are avoiding them. O have now in fact sold
The Costa Lotta
to Sergio’s Ltd, a company owned by Bruno, who has been interested in this vessel for some time. Bruno knows nothing about the salvage matter between O and the salvors.
VC have failed to co ...
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Chapter 2
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Cargo Insurance (Change of voyage)
1. CARGO INSURANCE GFML
3043
GROUP 20 (CHANGE OF VOYAGE)
PREPARED FOR:
DR. SALWANI ARBAK
PREPARED BY:
MOHD ZIA-UDDIN NASIR 229176
DEVAGGI ARUMUGAM 221182
FAIZ BIN MARJAN 221124
3. What is actually change of voyage?
• Change of destination
• The ship must in Seaworthiness
• Just like deviation (under clause 9 & 8.3)
• It could be liable or not liable
• The duty of assured
• Under clause 10
4.
5. The Facts
By Lloyd's policies of insurance against marine and war
risks, cargoes belonging to the assured, who were British
subjects, and shipped in three German vessels, the Minden,,
the Wangoni., and the Halle,., for various destinations in
August, 1939, were insured by underwriters against
"enemies .... surprisals, takings at sea, arrests, restraints and
detainments of all kings, princes and people," and, by
incorporation of the Institute War Clauses, against the risks,
excluded from the standard form of English marine policy by
an f.c. and s. clause, and "the consequences of hostilities or
warlike operations. ..."
6. Each policy provided:
"Warranted free of any claim based upon
loss of, or frustration of, the insured voyage
or adventure caused by arrests restraints or
detainments of kings princes peoples. ..."
7. The voyages were begun before the outbreak of war
between Great Britain and France and Germany on
September 3, 1939.
But on August 24, the Minden, on September 1, the
Wangoni, and on September 6, the and Halle, put in at
neutral ports in obedience to orders by the German
government that the masters should so take refuge and, if
possible, return to Germany with their cargoes, or, as a last
resort, scuttle their vessels.
The M. and the H. left their ports of refuge some weeks
after the outbreak of war in an attempt to reach Germany,
but were eventually scuttled in the presence of Allied
warships. The W. succeeded in reaching Germany in
March, 1940.
8. Per Lord Porter. Underwriters do not succeed in
proving a loss within the exception in the
frustration clause merely by showing that the
adventure has been lost.
A total loss of goods must always have that result.
In the present case it is true that the adventure
was put an end to by the loss of the goods, but the
goods were not lost by reason of the loss of the
adventure.
11. O On March 21, 2006, M/V Hyundai Fortune was en route
from ports in China and Singapore through the Gulf of
Aden about 60 miles (97 km) south of the coast
of Yemen. She was sailing west towards the Suez
Canal on the way to ports in Europe.
O Panama flag container M/V Hyundai Fortune (built
1996) has suffered major explosion & massive fire in
aft on-deck container stacks.
O Entire after end of ship completely involved in fire.
Crew has abandoned ship, picked up by Dutch Navy
frigate HNLMS De Zeven Provincien.
O M/V Hyundai Fortune in position 12-39N 047-22E (Gulf
of Aden). Numerous (60 to 90) containers blown over
the side, forming a debris field about 5 miles long --
many of which are drifting around the vessel.
O After the explosion, fire raged in the ship for days and the
stricken vessel had to be towed to safety at Salalah,
Oman.
12.
13. Hyundai Fortune fire expected to be biggest cargo
insurance claim
O The 21 March 2006, the HYUNDAI FORTUNE
suffered an explosion on board near the coasts of
Yemen. The cause of the explosion could be
fireworks. The vessel was towed to the nearest port
of refuge, Oman.
O 5,000 containers caught fire (5,500 TEU)
O Lloyd’s underwriters anticipate claims to be around
$100 million and claims for the replacement of the
vessel to be close to $80 million
O American Maritime Lawyers Know M/V Hyundai
Fortune From Her Prominence in U.S. Commerce.
O Vessel was Korea for Rotterdam. She is insured by
Britannia Steamship.
14. Result: Hyundai Merchant Marine Co., Ltd.
O Generally speaking, marine cargo insurance provides flexible coverage for
policy holders. According to the "Change of Voyage Clause", once the
policyholder is informed about the change, he must provide written
notice to the insurance company promptly. If there are changes in the
voyage, the insurance company may need to re-assess the risk and the
conditions and, as a result, an additional premium may be required for the
continuance of cover.
O After the vessel was towed to the nearest port of refuge, Oman, the sound
containers were offloaded for transportation to other ships to Europe. In this
case, as the vessel and the route changed from those stated at the start of
the voyage, in order to enjoy marine cargo insurance coverage, cargo
owners need to inform the insurance company about the changes as
soon as they know about them by written notice so as to obtain the
consent of the insurance company.
O If the cargo owners do not inform the insurance company once they are
advised of any changes, they may not enjoy insurance cover as they have
breached the contract mutually agreed by the cargo owners and the
insurance company. Therefore, it is important to remind your customers to
inform us in writing promptly if there are any changes in the voyage.
15. Principle
Marine Insurance Act 1906 - The underwriter is
discharged from liability if there has been a change
in the voyage (voluntarily)
Institute Cargo Clause 1963 - A change of voyage
would not be fatal to the assured as he could held
covered by an additional payment of premium
Clause 10 of the 1982 Institute Cargo Clause 1963 –
The requirement is strict
Implied Warranty – Legality of Voyage (incorporated
under Marine Law)