Question 1
Company A asked Company B to transport cargo from Port X to Port Y. Company B only possessed one vessel, namely the MV Rough Seas, to perform the carriage of goods by sea for its business. MV Rough Seas is a general cargo ship built-in 1980. The said cargo was loaded on the MV Rough Seas and a bill of lading (the BOL) was issued for the said cargo. Under the BOL, it is specified that the Hague-Visby Rules is applicable to the BOL. It is also specified in the BOL that Company B undertakes to transport the said cargo between Port X and Port Y.
During the voyage between Port X and Port Y, the engine of the MV Rough Seas was inoperable and the vessel was adrift. The vessel was then towed to Port Z for repairs. As a result of the accident, the said cargo eventually reached Port Y one month after the expected delivery date. When the cargo was inspected, it was found that the goods inside the cargo were damaged by seawater and were not resalable.
(a) Did Company B breach the carrier’s obligations under the Hague-Visby Rules? Why or why not? Appraise the relevant provisions under the Hague-Visby Rules and relevant case law to support your answer to this case of transport of goods by MV Rough Seas.
(b) Would your answer be different if Company B used an electronic bill of lading instead of a paper bill of lading? Why? You should provide authoritative sources to support your answer.
Question 2
(a) Compare the Warsaw system and Montreal Convention 1999. In your own words, highlight the main differences between these two conventions.
(b) As of 2020, 137 countries out of 193 contracting states of the International Civil Aviation Organisation have ratified the Montreal Convention 1999. Analyze why some countries are slow to ratify the Montreal Convention 1999. You should provide authoritative sources to support your analysis.
