LAW OF INTERNATIONAL TRADE

LAW OF INTERNATIONAL TRADE Order Description Instructions Answer the followin" rel="nofollow">ing TWO questions. First question Does the Insurance Act 2015 create ‘a better balance of in" rel="nofollow">interests between policyholders (in" rel="nofollow">insureds) and in" rel="nofollow">insurers’1 in" rel="nofollow">in marin" rel="nofollow">ine in" rel="nofollow">insurance contracts, especially in" rel="nofollow">in light of the new duty of fair presentation? Support your answer, where appropriate, with references to statute and case law. ?? ( See Law Commission report No. 353 (July 2014). ) Second question Darshin" rel="nofollow">ini books space on Kin" rel="nofollow">ing’s ship Celebration for the carriage of Darshin" rel="nofollow">ini’s cargoes (30,000 bags of fertilizer and 10,000 bags of sugar) from Liverpool, UK, to Naples, Italy. The contract provides that freight is deemed earned on shipment, 50% payable on loadin" rel="nofollow">ing the cargoes at Liverpool, the balance payable at destin" rel="nofollow">ination. There is a clause in" rel="nofollow">in the contract which states that Kin" rel="nofollow">ing is not responsible for any damage to any cargo caused by “perils of the seas”. The Master of Celebration correctly stows the sugar and the fertilizer in" rel="nofollow">in separate cargo holds – the 10,000 bags of sugar are stowed in" rel="nofollow">in lower cargo hold 2 and the 30,000 bags of fertilizer in" rel="nofollow">in upper cargo hold 1. Kin" rel="nofollow">ing suggests to Darshin" rel="nofollow">ini that as Darshin" rel="nofollow">ini is sendin" rel="nofollow">ing the fertilizer and sugar to Naples for her own uses, no bills of ladin" rel="nofollow">ing will be required. Darshin" rel="nofollow">ini agrees. Durin" rel="nofollow">ing the voyage, Celebration encounters a severe storm in" rel="nofollow">in the Bay of Biscay which causes damage to the ship’s hatch covers (which were in" rel="nofollow">in perfect condition when Celebration left Liverpool). The Master puts in" rel="nofollow">into Gibraltar to carry out essential repairs to the damaged hatch covers. The voyage is delayed by three weeks. When Celebration fin" rel="nofollow">inally reaches Naples, it is revealed that water has leaked in" rel="nofollow">into upper cargo hold 1 through the hatch covers durin" rel="nofollow">ing the Bay of Biscay storm and damaged the fertilizer stowed there. Some fertilizer has leaked from its packagin" rel="nofollow">ing and damaged the structure of the ship herself. It is also noticed that some water and fertilizer has leaked from upper cargo hold 1 in" rel="nofollow">into lower cargo hold 2 through some worn out/rusted ship’s weldin" rel="nofollow">ing, resultin" rel="nofollow">ing in" rel="nofollow">in damage to the bags of sugar stowed in" rel="nofollow">in lower cargo hold 2. Kin" rel="nofollow">ing is surprised about the reports of worn out/rusted ship’s weldin" rel="nofollow">ing because he has done everythin" rel="nofollow">ing he could to ensure that Celebration is properly main" rel="nofollow">intain" rel="nofollow">ined. Darshin" rel="nofollow">ini refuses to pay the full balance of freight due on the fertilizer and the sugar, deductin" rel="nofollow">ing sums for the damage caused to these cargoes durin" rel="nofollow">ing the voyage and for the ship’s delayed arrival at Naples. Kin" rel="nofollow">ing has complain" rel="nofollow">ined to Darshin" rel="nofollow">ini about the damage caused to Celebration by Darshin" rel="nofollow">ini’s fertilizer cargo, but Darshin" rel="nofollow">ini has rejected any responsibility because she says that she did not know that the fertilizer contain" rel="nofollow">ined a corrosive element. Advise Kin" rel="nofollow">ing. Would your answer be any different if Darshin" rel="nofollow">ini had received a bill of ladin" rel="nofollow">ing for the consignment of 10,000 bags of sugar in" rel="nofollow">in hold 2, and if Darshin" rel="nofollow">ini had then sold this consignment to John on CIF Naples terms, and endorsed the bill of ladin" rel="nofollow">ing to John with the sale documents so that it is John, not Darshin" rel="nofollow">ini, who is claimin" rel="nofollow">ing damages from Kin" rel="nofollow">ing? ? I WOULD LIKE TO ANSWER BOTH QUESTIONS .... FIRST OF ALL I WOULD LIKE AN OSCOLA STYLE .. OSCOLA STYLE IS THE STYLE THAT YOU MAKE FOOTNOTES UNDER EVERY PAGE AND REFERENCE AND INFORM ME THE PAGE NUMBER .... I WOULD LIKE TO KNOW WHATEVER YOU USED AND PAGE NUMBER AND WEBSITES AND ACTS ... MAKE REFERENCE FOR EVERYTHING ... ALSO IT IS IMPORTANT TO USE MY SOURCES ... AND ESCPECIALLY TO USE THE FOLLOWING 2 BOOKS : 1) Chuah, Law of International Trade: Cross-Border Commercial Transactions (Sweet & Maxwell) 2) Carr, International Trade Law (Routledge) it is necessary to use that books .. also the book ..Schmitthoff, Export Trade: The Law and Practice of International Trade (Sweet & Maxwell) IT IS NECESSARY TO USE THE FIRST 2 BOOKS ... ALSO I WILL SEND YOU MY LECTURES SLIDES ...USE CASES AND INSURANCE ACT 2015 . IT IS IMPORTANT TOPIC THE MARINE INSURANCE .. AND LAW COMMISION REPORT NO 353 (JULY 2014) ENGLISH LANGUAGE IS THE SECOND LANGUAGE FOR ME SO WRITE IN A VERY SIMPLE LANGUAGE .... TO CONCLUDE, SEND MY EVERYTHING AND PAGE NUMBERS TO HAVE AN IDEA ... USE SIMPLE LANGUAGE AND USE MY BOOKS ..YOU CAN USE OTHER BOOKS JUST FOR FEW THINGS LIKE STATUTE BOOK OR OTHER BUT NECESSARY IN THE BIGGEST PART MY BOOKS ...