LOGISTIC AND TRANSPORT MANAGEMENT

FINAL ASSESSMENT 2019 – 2020

Program		Year		Semester		Paper
LOGISTIC AND TRANSPORT MANAGEMENT		3		2		MAIN

MODULE NAME:	TRANSPORT LAW AND CHARTER PARTIES
MODULE CODE:	PSHI III.II		EXAM DATE:	07 JUNE 2020
TEACHER’S NAME:	UMUT MEHMET YURUYEN		DURATION:	–

Questions to be answered on:	Allowed requirements	Number of pages
Space provided on the question paper	Pen, Personal Computer, Mobile Devices	5

Points of Attention: For each question, the maximum earned points are mentioned between brackets at the end of each question. Write very clearly! Answers that are not readable are not marked and do not get points! Make sure your answers are written to the point. All answers should be written in English. Write all the answers in BLUE or BLACK pen only (NO PENCIL) OR TYPING Answer written in PENCIL will not be marked. Use the pencil/computer graphic/application only for diagrams, graphs & drawings. Show all the calculation steps in the given space. When finished, submit the question paper, together with the answer scripts and the signed cover page to to the teacher through the Moodle (E-Learning). All answer scripts must be submitted along with Academic Integrity form. Any cheating/copying may result in an instant failing of the examination.

FINAL MARKS

				100 MARK
STUDENT NAME:
STUDENT ID:

Number of answer scripts: ……………………… Lecturer: ………….……………..

Student’s signature: ……………………………… Time of receipt: …………………..

DECLARATION OF ACADEMIC INTEGRITY

	Form Title	Declaration of Academic Integrity
Department	Academic Departments
Form Code	IMCO/QMS/AD/FORM
Issue Date	17/01/2016

Please sign to confirm that you have read and accepted the following statements. Your assessment will not be accepted without this signed declaration.

1. I confirm that I have read and fully understood IMCO’s policy on Academic Integrity, including practices that may lead to committing plagiarism and which I must avoid. 2. I confirm that in the attached assessment I have not presented or attempted to present anyone else’s work as my own, except where I have indicated. I confirm that I understand that doing so would mean I had committed plagiarism. 3. I confirm that I understand that, if I fail to comply with IMCO’s policy on Academic Integrity, IMCO will impose penalties which may in the most serious of cases result in termination of my studies at IMCO. I confirm that I understand that if I am judged guilty of plagiarism I will receive a score of zero and the other penalties indicated under IMCO’s policy on Academic Integrity in the Student’s Handbook will apply. 4. I agree to IMCO submitting my work to Turn-it-in or using any other source to verify whether my work contains plagiarised material.

The extent to which I have worked with others is as follows:

Programme: ………………………………………………………….

Module Code: …………………………………………………………….

Module Title: …………………………………………………………

Name: …………………………………………………………………

IMCO student ID number: …………………………….

Class: …………………………………………………….

Signature ……………………………………………….. Date: …………………

See the Student Handbook for IMCO’s policy on Academic Integrity and Plagiarism before you sign.

FINAL ASSIGNMENT FOR PSHI III.II TRANSPORT LAW & CHARTER PARTIES

-Students are expected to analyze below given cases on Transport Law and Charter Parties

individually

-Discussions on each given case has to contain students’ interpretation of related articles/clauses in

Transport Conventions and Charter Party Forms and must be reflecting and depending on valid

lawful causes

-Deadline for the Assignment 07^th June 2020 by email

-Assignments delivered later than 07^th of June will be marked 0

CASE STUDY ASSIGNMENT

Case 1. A dispute has been filed between a shipper and ship owner regarding to a maritime contract for the carriage of live animals. The transport contract was incorporated according to the Hamburg Convention.

The shipper claims that 234 cattle out of 1200 has been dead during the sea voyage due to lack of ventilation in the livestock carrier M.V Denizos operated under a T/C of Seagull Chartering Ltd. Shipper claims “234 cattle has been lost due to omission of the carrier or his servants even the shipper has given their instructions for the proper ventilation in written and these instructions has been inserted into the contract. Shippers also claims that carrier provided them an expired third party verification report to prove compliance with air flow standards and yet carrier confirmed that the latest third party ventilation verification report would be provided after sailing” shipper claims a partial compensation for their loss.

Discuss the possible outcome of shipper’s claims according to the related articles in Hamburg Convention by providing proof. (15 Mark)

Case 2. The consignee claims a total of 120,000 GBP from carriers as a compensation for the five unit motor generators which has been damaged during the sea voyage. The consignee states that they had given a notice of damage to the carrier after 14 day of the delivery day On the other hand, the carrier and their agents claims that they have never received such notice in written within that time period but only after 35 days after the delivery and they do not accept shippers’ claims about the compensation of this damage. The B/L was incorporated according the Rotterdam Convention

Discuss the possible outcomes for consignee’s claims in terms of basis of liability of carriers and notice of time for the loss, damage or delay (10 Mark)

Case 3. The shipper claims compensation for the delay of delivery of their goods due to the carriers’ intended reaction of unloading the goods as soon as they realized that loaded goods were having a dangerous nature which has been listed in IMDG Code. Carriers claims that they have the right to make this discharge because shippers has not inform carriers about the nature of their goods. The maritime contract has been incorporated according to Hamburg Convention.

Discuss the court’s possible decision for resolution of this dispute of contractors’ claims (15 Mark)

Case 4. Assume that, you are the chartering manager for the company who owns the MV High Seas. You have chartered out your vessel to AA shipping for a voyage from Port of Sohar to Port of Sydney. During the loading operations in Sohar the laytime was exceeded as the cargo was not available for loading for another week and as a result the vessel entered demurrage. AA Shipping accepted the demurrage costs and agreed to pay the vessel owner on a daily basis on receipt of the demurrage invoice. The first invoice was sent to AA Shipping on Sunday 20^th May. By close of business on Thursday 24^th May, the vessel owner had received no payment for demurrage from AA Shipping.

Utilising the Gencon 94 document formulate a plan of action for the best interests of your company. How would you bring evidence to protect your lawful rights against the charterers. (15 Mark)

Case 5. The charterers and vessel owners entered into a C/P Agreement for the MV Lucas. The POL was noted as Dubai Port, Terminal 2 and the POD was noted as Dublin Port, North Side Docks. The owner’s broker (You) had inserted the following wording into the C/P:

“ Discharging port or berth- 1/1 safe port/berth aaaa. Time lost in waiting for berth for berth to count as laytime wipon/wibon/wifpon/wccon”

During the voyage from Dubai to Dublin the vessel suffered delays due to bad weather. The parties had agreed separate laytime at POL and POD as 24/48 hrs. Upon arrival in Dublin at 10.00 am, the captain was notified by the port authority that the berth was currently occupied for the next 4-5 days and the vessel will have to wait in the anchorage area until the berth was free. On arrival to the waiting place master tendered NOR to the charterers/charterers’ agent at 13:00 pm in the afternoon. At this point the charterers refused to accept commencement of laytime.

As being the owners’ broker, formulate a commercially appropriate response to the charterers based on the terms and conditions under Gencon 94 to remind them your principal’s (ship owner) rights according to the articles settled regarding the commencement of laytime (15 Mark)

Case 6. Fidelity Shipping Inc. have chartered out the M/V Golden Express to Hanzo Shipping LLC on a 6-year time charter in year 2014. Hanzo Shipping LLC operated the vessel on a route from Port of Sohar to Port of Los Angeles. POL-POD-POL takes 50 days. The vessel is due to be off-hired on the 19^th July 2020 at Sohar Port.

As of 6^th June 2018 the vessel is en-route from LA and is due to arrive Port of Sohar on the 12th June 2018. But Hanzo Shipping LLC is currently taking new bookings for next shipments from Port of Sohar to Port of Los Angeles upon the vessel arrival which means Hanzo Shipping will be not able to redeliver the vessel to Fidelity on the 19^th July 2020.

As being the chartering manager of Fidelity Shipping, Discuss your reaction by support your answer by using NYPE 15 C/P form (15 Mark)

Case 7. In order to ship 220,000 metric ton of product from Dubai to Rotterdam, Lavey Metals Ltd entered into a contract with Wilde Shipping Services LLC. The contract was to be completed over 14 voyages. Lavey Metals agreed to transfer the freight payment or give a QNB bank guarantee letter for the freight payment when in receipt of the NOR from Wilde Shipping Services LLC. as per box 18 and 19 of the VOLCOA agreement.

On Sunday 29^th April Wilde Shipping Services LLC tendered the NOR for the first shipment at 10:00 am and Wilde Shipping Services received a bank guarantee letter in the afternoon of same day from charterer’s bank QNB. By close of business on 1^nd May, Wilde Shipping Services LLC had received no payment from Lavey Metals Ltd and sent a written notification to Lavey Metals that owners will be exercising their withdrawal right for the vessel and cancel the C/P.

As the commercial manager of Lavey Metals Ltd., compose a response to Wilde Services LLC based on the standard VOLCOA agreement. (15 Mark)

MARKING CRITERIA

Criteria	Standards
Excellent (9-10)	Advanced (7-8)	Satisfactory (6-7)	Not Satisfactory (4-5)	Failed (0-3)	Weight
Ability to identify the problem	Give more than 5 problems with excellent explanation	Give 5 problems with good explanation	Give 2-3 problems with explanation	Give poor problems	Give problems without explanation	10
Ability to identify the causes	Give more than 5 causes with excellent explanation	Give 5 causes with good explanation	Give 2-3 causes with explanation	Give poor causes	Give causes without explanation	15
Ability to identify legal articles and clauses	Give more than 5 solutions and more than 5 recommendation	Give 5 solutions and 5 recommendation	Give 2-3 solutions and 2-3 recommendation	Give 1 solutions and 1 recommendation	poor solution and poor recommendation	15
Anticipate on possible consequences/propose lawful causes for claims	Give more than 5 excellent outcomes for more than 5 problems	Give 5 good outcomes for 5 problems	Give 2-3 outcomes for 2-3 problems	Give poor outcomes	No outcomes	15
Draw Conclusion	Demonstrate excellent comprehension ( abbreviation about the research and challenges)	Demonstrate good comprehension ( abbreviation about the research and challenges)	Give good conclusion	Give poor conclusion	No conclusion	15
GENERIC SKILLS
Teamwork skills	Demonstrate excellent ability to multi-task and prioritize workload effectively resulting in perfectly organized presentation	Demonstrate ability to multi-task and prioritize workload effectively resulting in organized presentation	Demonstrate ability to prioritize but files are not organized presentation as per standard	Does not demonstrate ability to prioritize resulting in files not organized presentation up to standard	Does not demonstrate ability to prioritize resulting in incomplete and unorganized files	15
Time management	Deliver all assignments in time and is never late.	Deliver most assignments in time and few assignments deliver late	Deliver some assignment in time and some late	Deliver most assignments late and few in time	Deliver all assignment late	15
					Total Mark :100