Do you think sil has a chance of succeeding in legal battle

Assignment Help Business Law and Ethics
Reference no: EM131034341 , Length: word count:2000

International Commercial LawAssessment: Problem Question

Problem-Question Scenario:

Assume Ever Green (EG) and Sustainable Shipping (SS) from Paragon concluded a contract for the delivery of ‘Oxfam Products' (OP) at two different ports: ‘Barsha' and ‘Bari' of Garcia, an independent state. Both countries are parties to relevant international conventions regarding carriage of goods by sea and belong to the common legal system. According to the contract SS was required to deliver two containers in Barsha and three containers in Bari and all five containers (owned by EG) were insured with the Smart Insurance Limited (SIL). OP were not listed as ‘dangerous goods' under the International Maritime Dangerous Goods Code but contained a liquid substance which required specific arrangements employed in the ship and careful handling. On arrival at Barsha, it was found that most of the OP was damaged, partly because of the pressure on the containers placed directly above them and rough movements of the containers. There was conclusive evidence that damage to the containers of OP happened after they were loaded. EG claimed that the lack of special shipping arrangements and reckless handling of the vessel caused the damage and the ship was not shipworthy. SS contested the allegation, arguing that the reason was ‘bad stowage'. EG attempts to recover the loss from SIL as well. SIL denies EG's claims for recovery, arguing that it was not aware of the special nature of OP, and had it been aware, it would have drafted its insurance policy differently.

In addition, the delivery of the three containers were adversely affected by anunfortunate event. The containers were not delivered by the agreed time due to a sudden strike at Bari. The containers were lost as a result of a collisionbetween SS's vessel and another vessel when SS'svessel was waiting to be pulled into its berth. SS wanted to avoid the obligation by contending that EG failed to exercise due diligence in nominating a safe port. EG, however, managed to recover the total loss from SIL. Subsequently the lost containers were recovered and abandoned to SIL. SIL sold those containers for an amount greater than that paid to EG. EG now wishes to lodge a legal claim against SIL to get the extra money back for its containers.

Answer the following:

1. What are the possible legal issues raised in the above scenario from the perspective of an international contract of carriage of goods by sea? Identify and examine briefly specific laws, international standards and judicial decisions that can be relevant to adequately deal with those issues.

2. What grounds does EG need to establish to be awarded suitable remedies? Substantiate your argument by relying on relevant standards/laws and judicial decisions.

3. Do you think SIL has a chance of succeeding in a legal battle? Why or why not? Defend your views with special reference to legal and judicial authorities.

4. Evaluate the liabilities of SS in both cases as raised in the scenario. Advise SS of its immunities if any.

Reference no: EM131034341

Questions Cloud

Write a program to determine the apparent gas constant : Using EES (or other) software, write a program to determine the apparent gas constant, constant volume specific heat, and internal energy of a mixture of three ideal gases when the mass fractions and other properties of the constituent gases are g..
The uni of hydrology engineering : Define the term infiltration as used under the uni of hydrology engineering
State bernoulli effect as used in a concept to discuss fluid : State Bernoulli effect as used in a concept to discuss fluid flow
The key to determining the effectiveness of any customer : The key to determining the effectiveness of any customer marketing campaign is the proper use of a control group. A control group is a subset of the customers you're targeting with a particular campaign who you decide will not receive the campaign.
Do you think sil has a chance of succeeding in legal battle : Do you think SIL has a chance of succeeding in a legal battle? Why or why not? Defend your views with special reference to legal and judicial authorities
Discuss types and construction methods of various shallow : Discuss Types and Construction Methods of Various Shallow and Deep foundation alternatives
Effluents containing 195 ppm of a chemica : A sewage plant releases 250 m3/day of effluents containing 195 ppm of a chemical at the center of a wide, slowly meandering stream. The stream is 2.4 m deep and the bed slope is 0.00011.
How the new systems is supposed to do by defining functions : Design specification: in your design look and feel of the systems/interface is based and according to the requirements of the top management as well as client requirements
Identify forecasts of three key macroeconomic variables : The project for this course is to identify forecasts of three key macroeconomic variables from publically available sources and write a report in which you describe the range of forecasts for each variable.

Reviews

Write a Review

 

Business Law and Ethics Questions & Answers

  Everyday moral and ethical norms

Unfortunately, everyday moral and ethical norms differ among people and, therefore, will differ among businesses. It only follows that a discussion of business ethics must begin with a discussion of ethics in general.

  Each target environment has unique security needs and

each target environment has unique security needs and offers security professionals distinct challenges and

  How is the process affected by how fast the oxidation occurs

You are the supervisor of a newly formed arson investigation unit. Although you have some personnel with basic crime scene training, you must start from the ground up to train them in elements of arson fire  investigation. How is the process affect..

  Find a recent osha violation in a healthcare setting

Using the internet, research and find a recent OSHA violation in a healthcare setting. Using your own writing, summarize the case in 1 or 2 paragraphs

  Effective means of resolving disputes

1. In what types of business disputes do you feel that mediation could be very effective means of resolving disputes? Why?2. In what types of business disputes do you feel that mediation would likely be less effective? Why?

  Officers refuse direct orders that violate human rights

1.1 you think that individuals in a war have personal accountability for their violations of fundamental human rights? 1.2 Can individual soldiers or intelligence officers refuse direct orders that violate human rights? Should soldiers be held person..

  Name the court in which sam kant would have been tried

Based on Georgia, name the court in which Sam Kant would have been tried and convicted. Then, locate, correctly cite and provide a summary of at least one mandatory court opinion that you can argue in Kant's appeal

  Describe five scientific methods of research inquiry

Identify and describe five scientific methods of research inquiry and how you would apply them to a research project. Be sure to provide examples

  How long have human societies been using psychoactive drugs

What is a drug? How long have human societies been using psychoactive drugs? (Give examples), Select either nicotine or caffeine as an example and briefly describe the drug's effects on the brain and a person's health

  Prepare a 15- to 20-slide microsoftreg powerpointreg

prepare a 15- to 20-slide microsoftreg powerpointreg presentation based on a perimeter exterior and interior building

  Describe how theagency implements the relevant law

Describe how theagency implements the relevant law and policy. Provide a link to the agency's Web site. You should organize the information within your table so that it is logical and able to be edited in the future

  What option available to s corporation for accounting period

What options are available to an S Corporation for accounting period choices and accounting methods? Why would you select one versus other alternatives?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd