EXAMINATION QUESTION PAPER – Winter 2016

Module code: TL6056HA

Module title: Regulation of International Trade

Module Leader: Ms Susan Hawker

Date: 7 December 2016

Day / evening: Day

Start time: 8:00 – 11.15 hrs

Duration: 3 hours and 15 minutes

Exam type: 3 hour and 15 minutes unseen

Materials supplied: None

Materials permitted: English dictionary

Warning:

Candidates are warned that possession of unauthorised materials in an examination is a serious assessment offence.

Instructions to candidates:

Answer FOUR questions

Candidates MUST answer the compulsory question in Section A, and THREE

further questions, from Section B.

Question 1 of Section A is compulsory and carries 40% of the overall marks.

The questions in Section B carry 20% of the overall marks each.

DO NOT TURN PAGE OVER UNTIL INSTRUCTED… candidates are strongly advised to spend the first 15 minutes in reading the paper only

SECTION A

This question is COMPULSORY and carries 40% of the overall marks

Note… the marks for this question are not divided equally between the two parts, but will be awarded for overall merit.

Answer BOTH (a) and (b)

(a)  Critically examine the impact of including an arbitration clause into a trade or shipping contract.

AND

(b)  Nicolai Publishing sold a consignment of books entitled Football: overcoming sports injuries to Santiago Sports Club (the Club) on fob terms. The books were to be shipped from Germany (which applies the Hague Visby Rules on shipment from the jurisdiction) to the US, where the Club is practising at a Coca Cola sports hotel. The Club contracted with Sinkwell for the carriage of the books. When the books arrived at the port of loading the master noticed that they were not packed sufficiently to withstand a rough voyage, although he did not note this on the bill of lading. The bill contained a clause saying that all disputes with the carrier must be brought within the US. When the books were discharged, and the Club able to inspect them, it was apparent that many had got wet and had become damaged during the voyage.

Both the sellers and Sinkwell have denied any responsibility for the Club’s loss, each blaming the damage as being the fault of the other.

Advise the Club whether it has any claim against either or both the sellers or/and Sinkwell, and if so, where any such claim would be best brought.

Section B is on the following page…

SECTION B

Answer any THREE questions from this section. Each question carries 20% of the overall marks.

Question 2

Critically examine the advantages and disadvantages of contracting on standard form contracts.

Question 3

To what extent do you think that the Hague and Hague-Visby Rules are an effective regulation of today’s international carriage of goods by sea?

Question 4

What impact on international trade has the Carriage of Goods by Sea Act had?

Question 5

Why is limitation of liability in shipping and international trade considered to be so important?

END OF PAPER

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