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

Author:   Ahmet Gelgeç (Istanbul Medeniyet University, Turkey)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509950195


Pages:   312
Publication Date:   29 December 2022
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Allocation of Liability for Dangerous Goods under International Trade Law: CIF and FOB Contracts


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Overview

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.

Full Product Details

Author:   Ahmet Gelgeç (Istanbul Medeniyet University, Turkey)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509950195


ISBN 10:   1509950192
Pages:   312
Publication Date:   29 December 2022
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction 2. International Regulations on Dangerous Goods 3. Liability Arising from Dangerous Goods: General Framework 4. The Shipper and His Liability under CIF and FOB Contracts 5. Transfer of Liability from the Seller to the Buyer under the Contract 6. Other Mechanisms for Imposing Liability on the Buyer 7. Causal Link under the Contract of Sale 8. Recovery of the Loss under the Contract 9. Non-contractual Remedies 10. Conclusion

Reviews

Comprehensively researched and informative ... For the reader who wishes to get a sense of the way in which English law deals with liability for losses caused by dangerous cargoes within the triangular relationship encompassing the parties to a contract of sale and the carrier of the goods, this is a useful and accessible reference and very worthwhile addition to a maritime law library. * Ocean Yearbook *


Author Information

Ahmet Gelgeç is Lecturer in Maritime and Commercial law at the Istanbul Medeniyet University Law School, Turkey.

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