Submitted By darkevil94
Exercise 1 1. What is International Law? 2. Explain the sources of International Law. 3. Explain the international person with examples. 4. Explain the functions of treaty, conventions and customs.
Mock Test 1 1. Explain with examples, the international persons. (20 marks) 2. Explain the significant of below mentioned cases:
a) Bank of England v Vagliano Brothers (1891) (10 marks)
b) North and South Wales Bank v Macbeth (1908) (10 marks)
c) Re Jones Ltd v Waring & Gillow Ltd (1926) (10 marks)
d) Jade International Stahi and Eisen Gmbh (10 marks) 3. Examine the importance of below mentioned cases:
a) Hillas & Co Ltd v Arcos Ltd (1932) (10 marks)
b) Sudbrook Trading Estate v Eggleton (1983) (10 marks)
Exercise 2 1. Lickbarrow v. Mason 2. Thompson v. Dominy 3. Pyrene Co. Ltd. V. Scindia Navigation Co. Ltd. 4. Cowas-Jee v. Thompson 5. Dunlop v. lambert 6. Inglis v. Stock 7. Browne v. Hare 8. Wait v. Baker 9. Arnhold Karberg & Co v. Blythe, Green, Jourdain & Co 10. Empresa Exportadora de Azucar v. Industria Azucarera Nacional S.A. (The Playa Larga and Marble Islands) 11. Gatoil International Inc v. Tradax Petroleum Ltd; Same v. Panatlantic Carriers Corporation (The “Rio Sun”)
Mock Test 2 (Transportation) 1. Explain the following INCOTERMS:
a) CIF (10 marks)
b) FOB (10 marks) 2. Explain the significant of below mentioned cases:
a) Pyrene Co Ltd v Scindia Navigation Co Ltd (10 marks)
b) Lickbarrow v Mason (10 marks)
c) Ingis v Stock (10 marks) 3. Examine the structure and characteristics of International business (10 marks) 4. Examine the duties of a buyer and seller accordance with CIF (15 marks)
Mock Test 3 (Transportation) 1. 50 marks
By a charter party dated 12 March, Fred chartered the m.v. Flora from Melanie, for the carriage of bulk poly unsaturated margarine from Florida, USA to Sydney, Australia. The Charter-party, governed by English law and jurisdiction, excluded the ship-owner from liability for damage due to unseaworthiness and from negligence of crew and stevedores and excluded liability for delay howsoever caused and stated that bills of lading should be issued without prejudice to the charter party. It also allowed 2 weather working days for loading and 3 working days for unloading and a total of 5 days demurrage at $3,000n a day. The charter-party stated that m.v. Flora was now at New Orleans and was expected ready 1 April and contained a 6 April cancellation date. The vessel was in fact in a dry dock undergoing repairs in New York on 12 March and subsequently Melanie informed Fay on 20 March that the m.v. Flora would now arrive before 8 April. The m.v. Flora arrived in Florida on 8 April. Fay loaded a cargo of margarine. Loading took four days because the process was interrupted by a 2 day Mardi Gras celebration. Immediately after sailing the vessal headed for a nearby oiling depot to take on fuel for the voyage to Sydney and then proceeded to a shipwright’s yard to take on engineers to tune the engines fuel system. The vessel sailed with the engineers could be returned to shore on the vessels service launch. Whilst approaching the shore the vessel temporarily grounded on a sand bank sustaining minor hull damage necessitating a return to port for repairs, eventually sailing for Sydney on 10 May. Fred sold the margarine to Harry. The bill of lading subject to English law and jurisdiction and the Hague Rules and signed by the master on Malanie’s behalf, incorporated all terms and conditions of the charter-party. A residue of the previous cargo of ordinary margarine was left in one of the holds of the vessel and this combined with the new cargo turning the margarine in that hold into lower quality poly saturated margarine. During the course of the voyage rusty rivets between a ballast tank and one of the cargo tanks resulted contamination of the portion of cargo contained in that hold. The rivets were rusty even before the vessel sailed from Florida. The vessel arrived at Sydney on a Friday at 22.00 hours and no unloading took place till the following Monday. A quantity of margarine was lost during discharge at Sydney because of a badly connected discharge hose. Harry claims compensation of Melanie for the poly saturated margarine, the margarine contaminated by water, for the margarine lost during discharge and because the cargo was delivered late.
Advise Melanie on her rights and liabilities in respect of the events outlined above.
2. 50 marks
“By virtue of Art IV(4) Hague and hague-Visby Rules, the extreme consequences of deviation will seldom be visited on a sea carrier. Furthermore, the failure to address the circumstances when a deviation will or will not be lawful by The Hamburg Rules exposes a carrier subject to the Hamburg Rule regime, in respect of a claim before an English Court, to the full rigour of the doctrine of deviation.”
Outline the legal consequences of unlawful deviation at a common law and compare and contrast the implications of The Hague, The Hague-Visby and The Hamburg Rules on the legal liabilities of sea carriers.
Mock Test 4 (Financing) 1. Explain the following Trade Documents: (include cases when explaining)
a) Bills of Lading
b) Letters of Credit 2. Explain the importance of below mentioned cases: (Bill of Lading)
a) Sanders Bros v Maclean & Co (1883) (15 marks)
b) Golodetz (m) & Co Inc v Czarnikow-Rionda Co Inc (The Galatia) (1979) [Case 11-3] (15 marks) 3. Examine the structure and characteristics of bills of exchange and promissory notes. (30 mark) 4. Rattlebox Company in England agreed to sell 15,000 gallons of blueberry syrup to Den Haag Company in Holland. Den Haag Company arranged for a letter of credit with its bank in Rotterdam. The credit required payment on the presentation of a bill of lading and an inspection certificate issued by a quality control company, V-max Inc of New York. Den Haag Company produced both the bill the inspection certificate stated that ‘based on a sample taken from gallons, the blueberry syrup is not of the kind ordered.’ The bank argued that the certificate, on its face, did not certify the regularity of the entire order.
Was the bank correct in refusing payment? (20 marks)
Yes. Bank is correct. Discuss whether revocable or irrevocable.…...