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MCS,PHD
Argosy University/ Phoniex University/
Nov-2005 - Oct-2011
Professor
Phoniex University
Oct-2001 - Nov-2016
to whom may concernI attached the question sheet and also the course booklet for you. please answer the problem question which is the first one. to answer the question you should be so critical and discuss it critically . please remember there is no right answer for this question you should just explore your point logically and as long as your answer is logic and reasonable that is enough. for the word length 4000 words is enough. referencing should be foot note as well as bibliography. please remember that university has smart plagiarism software which is sosensitive so please paraphrase everything and even when you are paraphrasing please put the reference in foot note. you can use direct quote but please remember don't use them too much. I attached the course booklet because you can find good references on each seminar which you can use for example books, articles and conventions. please remember this assignment is for the UK university and you should consider EU law as well as international law. I want this assignment for January 5th please and I would appreciate your work.best regardsNottingham Trent University
Nottingham Law School
LLM FULL TIME/PART TIME
TERM 1 – 2012-2013
Module Ref :- LAW_ 40389
Module Name :- International Carriage of Goods
Please answer either the problem question under section A or the essay question under section B.
Option A: Problem Question
In relation to the claims by AAFT against 4F as set out below, evaluate, from the standpoint of English law, the liabilities of 4F to AAFT and the rights of redress for 4F against other parties.
Xis purchased from a Chilean charterer a large cargo of Açaí oil during the course of its carriage from Valparaiso, Chile to Rotterdam, Netherlands aboard a vessel chartered by the Chilean charterer and Xis sold on a small part of the cargo afloat to Abu-Abu Food Trading Corp (“AAFT”) (a gourmet food producer) in Dubai. Xis received from the charterer an ocean bill of lading for the entire shipment, which had been issued in Valparaiso by the charterer on behalf of the Master of the vessel. Xis instructed Fred Framlingham Freight Forwarders (“4F”) to arrange the on-carriage of the consignment to AAFT and to provide AAFT with appropriate carriage documentation confirming shipment to them of the goods from Valparaiso. 4F immediately issued in Runcorn, UK a FIATA multimodal transport bill (“the FIATA BOL”) describing the goods, identifying the vessel and identifying “Xis” as the consignor, “Valparaiso” as the port of loading, “Rotterdam” as the port of discharge and “Dubai” as the place of delivery. The FIATA BOL stated that the goods were consigned to AAFT and required AAFT to apply to OK Freight (“OKF”) - 4F’s agents in Dubai – for delivery of the goods. Fred Framlingham signed the FIATA BOL in the box at the bottom right hand corner of the FIATA BOL in the following terms “Fred Framlingham trading as 4F as agent for the carrier” and then sent electronic copies of the FIATA BOL to each of AAFT and OKF by separate e-mail.
4F then arranged, through its Rotterdam agents, for the collection of the consignment from the sea carrier by a road carrier and for its carriage by road, pursuant to CMR note, to Paris and for its carriage by air from Paris to Dubai pursuant to an airway bill naming 4F as consignor and OK Freight (“OKF”) as consignee. Now some 13 months after they received the cargo, AAFT have issued proceedings in England against 4F claiming that AAFT were obliged to recall food products produced by them, due to contamination by marine diesel oil originating from contamination of the Açaí oil during carriage from Valparaiso, Chile to Dubai for which, it is alleged, 4F is liable in contract, tort and bailment.
Option B: Essay Question
Evaluate the merits and demerits of the current international legal environment for the international carriage of goods and whether the legal environments for multi-modal international transportation pursuant to electronic documentation can be most effectively improved by inter-state or inter-merchant co-operation.
The assessment will be by way of an essay (5000 words maximum). The word limit must not be exceeded. It is a maximum and, whilst it is anticipated that you will need to use roughly this number of words it is not necessary to use precisely 5000 words, and you may be able to answer the question in less.
All sources must be fully and appropriately referenced. All sources must be fully and appropriately referenced. Please refer to the Law School Guide to Referencing which is in the Programme Learning Room on NOW. If you wish you can add a bibliography, but it is not essential as long as ALL your sources have been referenced in footnotes. PLEASE NOTE THAT YOU WILL LOSE MARKS FOR WORK THAT IS NOT PROPERLY PRESENTED.
Please note what is said in the LLM programmes Student Handbook about plagiarism and collusion. Work that falls into these categories will fail and students can be subject to other penalties that can have very serious consequences.
Please also refer to the LLM Programmes Student Handbook for the assessment criteria.
All coursework should have a completed blue assessment submission form attached to them and handed to NLS student enquiry point in Chaucer Room 4508 (4th floor) where it will be receipted.
Please also submit an electronic copy through NOW, into the Term 1 Assessment Submission folder in the Dropbox in this modules learning room.
The coursework is to be submitted no later than 4pm Monday 14th January 2013.
Any queries please contact the LLM team on NLSadminLLM@ntu.ac.uk
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