Preview

Coastal and waterway transport contracts in India

Powerful Essays
Open Document
Open Document
9198 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Coastal and waterway transport contracts in India
SVKM’S NMIMS
SCHOOL OF LAW

A PROJЕCT SUBMITTЕD ON

COASTAL AND WATERWAY TRANSPORT CONTRACT IN INDIA

IN COMPLIANCЕ TO THЕ PARTIAL FULFILLMЕNT OF THЕ MARKING
SCHЕMЕ FOR TRIMЕSTЕR IV 2014-15, IN THЕ SUBJЕCT OF CONTRACT-II

SUBMITTЕD TO FACULTY
MS. NANDA PARDHEY FOR ЕVALUATION

SUBMITTЕD BY:-KHUSHIL SHAH
ROLL NO: - A052
COURSЕ: - B.A. LL.B. (hons.)
DATЕ: - 9TH AUGUST, 2014
TIMЕ: - 4:00

RЕCЕIVЕD BY: - …………………..
ON DATЕ: - ………………………..
TIMЕ: - …………………………….

1|Page

81001130058

INDEX
SERIAL

TOPIC NAME

PAGE NUMBER

1

RESEARCH METHODLOGY

3

2

INTRODUCTION

5

3

INDIAN LEGAL CONTEXT AND PRESENT RULES AND

8

NUMBER

GUIDELINES

4

ROLE OF JUDICIARY

18

5

COMPARATIVE STUDY

24

6

CONCLUSION

27

7

SUGGESTION

28

8

BIBLIOGRAPHY

29

9

ANNEXURE

30

2|Page

81001130058

CHAPTER 1: RESEARCH METHODOLOGY
Relevance of the topic –
Any coastal and transport contract carried on, is guided by the rules and framework mentioned in the Carriage of Goods by Sea, 1925, Bill of Lading act 1856, The Merchant shipping Act and The Marine Insurance Act,1963. These act governs the basics for marine contracts. This topic is very much relevant to the Indian Contract act and these types of contract govern each and every aspect of law. The Bill of Lading governs the documental aspect, the insurance is as a support, the merchant shipping act governs the rights and liabilities of the parties and the Carriage of goods act governs the disputes in matter of the marine Contracts and the carriage of goods.
Objective of the study1. The objective of making this project is to study and research on Coastal and
Waterway Transport contracts in India which is very important from the point of law of contracts.
2. The main objective of my study is to deduce and find out the procedure of how the contracts are formed during a shipping agreement and the rights and liabilities of
different



Bibliography: 3. Indian Carriage of Goods by Sea Act, 1925 4 5. Indian Carriers Act, 1865 6

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Read the 'Stateline Shipping and Transport Company" Case Problem on pages 273-274 of the text. Analyze this case, as follows:…

    • 578 Words
    • 3 Pages
    Good Essays
  • Best Essays

    5.The Indian Contract Act,1872 (Bare Act),2012Universal Law Publishing Co. Pvt. Ltd., New Delhi, page- 19,20.…

    • 2704 Words
    • 9 Pages
    Best Essays
  • Good Essays

    The subject matter of the course will be a comprehensive review of the law of contracts. In addition to the chapters referred to below, handout questions will be distributed to be discussed by the class at the end of the lecture for each chapter.…

    • 669 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    agency agreement

    • 1978 Words
    • 8 Pages

    iii) Each party to provide adequate insurance cover to meet its freight forwarding carrier limited liability cover/trading conditions, and will indemnify the other party from any claims resulting from errors or omissions or negligence”.…

    • 1978 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Litigation in the Courts 88 Commercial Arbitration 89 Alternative Dispute Resolution 94 International Arbitration 97 CONTRACTS REVIEW ACT 1980 (NSW) 98 SALE OF GOODS ACT 1923 (NSW) 101 COMPETITION & CONSUMER ACT 2010 (CTH) 103 FAIR TRADING ACT 1987 (NSW) 108 CLASS EXERCISES AND SAMPLE ANSWER 110…

    • 47151 Words
    • 189 Pages
    Good Essays
  • Powerful Essays

    Case of Cif Law

    • 1782 Words
    • 8 Pages

    [ 6 ]. Marine Cargo Insurance, Claire B. & Joanne A. (eds), Handbook of Law of international trade(2011) p94…

    • 1782 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    3. D. R Thomas, The Carriage of Goods by Sea Under the Rotterdam Rules (2010; London: Lloyd 's List).…

    • 5835 Words
    • 24 Pages
    Good Essays
  • Powerful Essays

    When parties to the contract agrees to substitute the existing contract with a new contract that is called Novation. When, by an agreement between the parties to a contract, a new contract replaces the existing one, the already existing contract is thereby discharged, and in its place the obligation of the parties in respect of the new contract comes into existence. It consists in the suppression of one contract by fresh contract or new contract may arise between one of them and a third person.…

    • 4598 Words
    • 19 Pages
    Powerful Essays
  • Powerful Essays

    2. Sen Arun Kumar & Mitra Jitendra Kumar; Commercial Law and Industrial Law, 26th edition, The world press private limited, Kolkata.…

    • 4925 Words
    • 20 Pages
    Powerful Essays
  • Powerful Essays

    Government Contracts

    • 8153 Words
    • 33 Pages

    The subject of government contracts has assumed great importance in the modern times. Today the state is a source of wealth. In the modern era of a welfare state, government 's economic activities are expanding and the government is increasingly assuming the role of the dispenser of a large number of benefits. Today a large number of individuals and business organizations enjoy lot of benefits in the form of government contracts, licenses,…

    • 8153 Words
    • 33 Pages
    Powerful Essays
  • Good Essays

    The objective of my study can be divided into two segments. These are given below:…

    • 10139 Words
    • 41 Pages
    Good Essays
  • Powerful Essays

    Marine Insurance

    • 1628 Words
    • 7 Pages

    At present in our country the Marine Insurance Act, 1963, guides the marine insurance. This Act was made in order to codify the law relating to marine insurance. The Objects and Reasons of this Act throw light on what was the necessity for enacting this Act. According to it, the Indian Navy and Indian Shipping have undergone considerable expansion since Independence. As there was no Indian legislation to govern the marine insurance, it continued to be governed by the British Marine Insurance Act, 1906. At the same time the insurance contracts in India also became subject of the Indian Contract…

    • 1628 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Passing of Risk

    • 1137 Words
    • 5 Pages

    In all legal system the passing of risk in sold goods is a big problem and an important event in the sale of goods. Once the buyer acquires risk, he become liable for the price even if the goods are lost or damaged. The financial risk of and responsibility for damage or destruction when property is being transferred between a buyer and a seller. The risk includes Peril, danger, the chance of loss or injury. Liability for injury, loss, or damage, by statute placed upon the manufacturer rather than the consumer, should it happen from normal use of a product. The Uniform Commercial Code uses a contractual approach in allocating the risk of loss and assumes that the risk is upon the seller until some event occurs that shifts the risk to the buyer. Where the goods are identified and the contract authorizes the seller to ship the goods by carrier, the event necessary to shift the risk of loss is dependent upon whether the contract is a "shipment" or "destination" contract. Where the contract does not require the transfer of the goods by carrier, risk of loss passes to the buyer upon the taking of physical possession if the seller is a merchant, otherwise risk passes on tender of delivery, unless an agreement to the contrary is made.…

    • 1137 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Marine Insurance Act 1963

    • 11413 Words
    • 46 Pages

    THE MARINE INSURANCE ACT, 1963 ACT NO. 11 OF 1963 [18th April, 1963.] An Act to codify the law relating to marine insurance. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-Short title and commencement. 1. Short title and commencement. (1) This Act may be called the Marine Insurance Act, 1963. (2) It shall come into force on such date 1* as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "contract of marine insurance" means a contract of marine insurance as defined by section 3; (b) "freight" includes the profit derivable by a ship-owner from the employment of his ship to carry his own goods or other movables, as well as freight payable by a third party, but does not include passage money; (c) "insurable property" means any ship, goods or other movables which are exposed to maritime perils; (d) "marine adventure" includes any adventure where-- (i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property by reason of maritime perils; (e) "maritime perils" means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which --------------------------------------------------------------------- 1. 1st August 1963; vide Notification No. S. O. 1925, dated 8-7- 1963, see Gazette of India, Pt. II, Sec. 3(ii), p. 2183.…

    • 11413 Words
    • 46 Pages
    Powerful Essays