Frustrated Contracts Essay Example | Topics and Well Written Essays - 3500 words

Frustrated Contracts - Essay instanceThe question arises whether the owner of the Enterprise, due to the ships sinking in the Atlantic Ocean (no intellect was offered as to exact cause), whether the ships owner is liable(p) and if so, what is the extent of his financial obligation? Does Dixie Wholesalers contract the right to sue? And what are the rights of the c.i.f., who did not receive the future goods which they were promised by Dixie Wholesalers? What is the predominant teaching of law which underlie this case? In addressing these issues we will first view the Carriage of Goods by ocean Act 1971, bind 6 Supplement S(4) which in part states It is hereby determined that for the purpose of Article VIII of the rules, section 502 of the Merchant shipping Act 1894, (which as amended by the Merchant Shipping (liability of ship owner and others) Act 1958, entirely exempts ship owner and others in certain circumstances from liability for loss, or damage to goods) is a provision relating to limitation of liability(CGSA). Further, the Hague-Visby Rules as Amended by the capital of Belgium Protocol 1968, Articles 4 sections ( c ) and (d) in part states Neither the holder nor the ship shall be liable for loss or damage arising from unseaworthiness unless caused by want of due diligence on the part of the carrier to make ship seaworthy, and to secure that the ship is properly manned, equipped etc., whenever loss or damage has resulted from unseaworthiness the onus of proving the exercise of due diligence shall be on the carrier or other person claiming privilege from this article.