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Carriers are persons who carry persons or goods either for profit or gratuitously.
Carriers who transport persons or goods are normally classified as: (1) common carriers; (2) private carriers; or (3) other types of carriers with specific rights and duties. The rights and duties of a common carrier come from the common law and act as an insurer of the safety of the goods. As a private carrier, he has the legal obligations of a bailee and must take reasonable care of the goods and must refrain from converting them. Currently, the status of common carrier for international carriage is unlikely since English law relating to carriage by road, rail, sea or air derives from international conventions.
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Drafting and negotiating delivery terms for goods—checklist This Checklist sets out the key issues relating to the legal concept of delivery in business to business (B2B) contracts and the issues which should be considered when negotiating and drafting contract terms concerning delivery of goods. What is delivery? Delivery refers to the voluntary transfer of possession of goods from one person to another, rather than the mere dispatch of goods. Legal significance attaches to delivery entitling the seller to demand payment once delivery has occurred or, alternatively, the absence of delivery may entitle the buyer to claim damages. According to section 27 of the Sale of Goods Act 1979 (SGA 1979), the seller’s basic obligation is to deliver the goods in accordance with the terms of the contract. The parameters of this primary obligation are delineated by the provisions of the SGA 1979. The point at which delivery takes place is often indicative of when risk passes from the seller to the buyer. Ideally, parties should specify in the contract the...
Website terms and conditions for supply of goods to consumers—checklist FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by DMCCA 2024, Part 4 (which largely replicates the requirements of the CPUTR 2008). The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 will also be amended so as to remove their application to subscription and so-called ‘consumer saving scheme’ contracts, bringing enforcement of these contracts into the scope of DMCCA 2024, Part 4, Chapter 2 (which is not yet in force). DMCCA 2024, Schedule 18 (which is not yet in force) will amend the Enterprise Act 2002 (EnA 2002) so as to omit...
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This Practice Note provides an introduction to two types of cargo carrier; common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only, and not the carriage of passengers.Definition of carrierA ‘carrier’ can be simply defined as a person who carries cargo (or indeed carries passengers, but passenger carriage is outside the scope of this Practice Note) for the benefit of other persons, whether gratuitously or for payment (or ‘reward’).The types of carrier are:•common carriers•private carriers•other types of carriers with special rights and dutiesFor the avoidance of doubt, the following are not carriers:•stevedores•forwarding agents who merely arrange or procure carriage by othersWhile they are not carriers for the purposes of this Practice Note, it is worth mentioning that logistics companies will often contract with their clients under terms covering the storage and carriage of goods. The United Kingdom Warehousing Association (UKWA) Contract Conditions for Logistics provides an example of such standard terms frequently used...
This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR Convention is explained, an explanation of multimodal transport is provided, and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.This Practice Note will consider the regimes covering:•carriage of goods by road within the jurisdiction•international carriage of goods under the CMR ConventionIn relation to carriage within the jurisdiction, the Practice Note outlines approaches to incorporation of standard terms and exclusion or limitation of liability by carriers. The...
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Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project) This Precedent requires contracting carriers to use energy efficient vehicles for any road carriage under a transport agreement, or otherwise specify that a percentage of road journeys will use green HGVs. These sustainability clauses were produced by The Chancery Lane Project (TCLP) as ‘Greener and More Efficient HGVs in Road and Multimodal Transport Agreements’ and are reproduced with permission (and with some minor editorial changes). TCLP is the code name for the focused and collaborative effort of lawyers from around the world to develop new contracts and model laws to help fight climate change. For more information, see: chancerylaneproject.org. ³ÉÈËÓ°Òô® is proud to support the work of TCLP. Definitions Alternative Fuel • means fuel or power sources which serve, at least partly, as a substitute for fossil fuel sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and reduce the Carbon Footprint and includes but is not...
Share purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of selling corporate entity] incorporated in [England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Seller); 2 [Insert name of purchasing corporate entity] incorporated in England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Buyer), and 3 [Insert name of guarantor entity] incorporated in England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in [England and...
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Does the stay under section 130(2) of the Insolvency Act 1986 apply to arbitration proceedings where a winding-up order is made against the defendant company during the course of the arbitration proceedings? The Insolvency Act 1986 (IA 1986) provides for a moratorium or stay on creditor action which arises automatically on certain trigger events. IA 1986, s 130(2) provides: ‘when a winding-up order has been made or a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the company or its property, except by leave of the court and subject to such terms as the court may impose.’ The scope of the winding-up stay under IA 1986, s 130(2) is less comprehensive than the moratorium that applies under IA 1986, Sch B1, para 43 in the context of administration—see Practice Note: The moratorium in administration—and is limited to ‘actions’ or ‘proceedings’. The automatic stay will also only apply to proceedings brought against the company in liquidation, rather than proceedings...
In what circumstances can the lawful authority defence be used in a prosecution for possessing a bladed article? Section 139(4) of the Criminal Justice Act 1988 provides a defence for the accused to prove that he had good reason or lawful authority for having the article with him in a public place. The accused must prove his good reason on a balance of probabilities so that merely providing an uncontradicted explanation is not necessarily sufficient (see Godwin v DPP (1993) 96 Cr App R 244 (not reported by ³ÉÈËÓ°Òô®)). In R v Jones, the Court of Appeal held that where there is a mistaken belief in facts which, if true, would have constituted lawful authority, it is capable of being a reasonable excuse, and the judge should so direct the jury, leaving the jury to determine whether the defendant has proved his belief in the requisite facts and whether in the circumstances that belief amounts to a reasonable excuse. The Divisional Court in L v DPP, held that the reverse onus...
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This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA launching its first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising, (2) the CAT’s judgment setting out its reasons for approving the terms of a settlement agreed with WWL/EUKOR and K-Line defendants in the maritime car carrier companies cartel, (3) the CMA consulting on its draft Annual Plan for 2025–2026 and publication of a report prepared by its Microeconomics Unit on wider benefits of competition policy and enforcement, and (4) the government publishing the terms of reference regarding the review of Northern Ireland Protocol (Windsor Framework). This week's highlights also includes, from an EU perspective: (1) the Commission’s sending a Statement of Objections to Lufthansa indicating its intention to impose interim measures to prevent harm to Frankfurt-New York air passengers, and (2) Advocate General’s Medinia’s opinion concerning a national reference from Belgium recommending that an exclusive distributor must be protected against active sales in its territory by all the supplier’s...
A round-up of UK competition law developments, including the CAT’s judgment setting out its reasons for approving terms of settlement agreed with WWL/EUKOR and K-Line defendants in maritime car carrier companies cartel.
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