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Measure of damages
The measure of damages for delay for
goods lost or damaged is the difference
between the value of the goods at the
time when they ought to have been
delivered and at the time when they were
actually delivered
It is well settled that it is the market price
at the time the damage occurred which is
the damage to be awarded. Union of India
v. West Punjab Factories Ltd., also Hadly
v. Baxendale, p. 135 of Sen and Mitra
Carriage by sea
Carriage of goods by sea from any port in
Bangladesh to any other port or in outside
Bangladesh is govern by the Carriage of Goods by
Sea Act of 1925.
This Act based upon the recommendations of the
International Conference on Maritime Law held in
Brussels in 1922
The object of the Conference was to secure
uniformity of laws as regards the rights and
liabilities of carriers by sea and the rules regarding
bill of landing
The Bangladesh Merchant Shipping Ordinance
1983 was passed with the object of amending and
consolidating the Bangladesh law relating to
merchant shipping
Charter Party
A Charter Party may be defined as an
agreement in writing for the purpose of
hiring as entire ship or a part thereof for the
purpose of carriage of goods. The person
hiring the ship or a part is called the
charterer
The following types of charter party are
found: a charter party for a particular period
of time is called a Time Charter
A charter party for a particular voyage is
called Voyage Charter
Charter Party
The terms of the charter party may amount to a
lease or demise of the whole ship to the charter
for a stated period. In this case the charterer
becomes for the time being the owner of the
vessel and the captain and the crew becomes his
servants during the charter period
If the terms of the charter party do not amount to
a lease or demise the charterer only gets the right
to have his goods conveyed by the ship and the
captain and the crew do not becomes his
servants, although their services are at the
disposal do the charterer for the purpose of
carriage
Bill of landing
A bill of landing is a receipt for goods delivered
to a ship for carriage. A bill of landing is used
when the goods shipped from only a part of
the cargo of the ship.
Characteristics:
signature,
evidence,
acknowledgement, document of title, page 392
Functions: page 392
Duties of carrier by sea: page 395
Liabilities of a carrier by sea: page 395 and
396
Carriage by air
The Carriage by Air Act 1934, Carriage by Air
(International Convention) Act 1966 the and
theCarriage by Air (Supplementary Convention)
Act, 1968 was passed with objective of getting
power to apply the rules contained in the Warsaw
Convention (treaty of Warsaw 1929) as amended by
the Hague Protocol (1955) also to non-international
carriages subject to exceptions, adaption and
modification
High contracting party: who attended and were the
signatories to the convention of Warsaw convention
and the Protocol of the Hague Convention
Carriage by air
International carriage by air: page
405
When liable: page 405
Rules relating liability of a carrier:
page 405 and 406
Internal carriage by air: page 407
The procedure for realizing for
damages: page 407 and 408