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Allocation of Liability for Dangerous Goods Under International Trade Law: CIF and FOB Contracts

Allocation of Liability for Dangerous Goods Under International Trade Law: CIF and FOB Contracts

Author: Ahmet Gelgec
Publisher: Hart Publishing
ISBN: 9781509950232

Published In: June 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509950195

List Price: RMB 571.89

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Description
Contents

Details

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US.

Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis–declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller.

This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

Acknowledgments

List of Abbreviations

Table of Cases

1. Introduction

2. International Regulations on Dangerous Goods

3. Liability Arising from Dangerous Goods: General Framework

4. The Shipper and Its Liability under CIF and FOB Contracts

5. Transfer of Liability from the Seller to the Buyer under Contract

6. Other Mechanisms for the Imposition of Liability on the Buyer

7. Causal Link under the Contract Of Sale

8. Recovery of the Loss under the Contract

9. Non-Contractual Remedies