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LLM Curriculum

Carriage of goods by sea

CML5626S

Course Overview:

Higher postgraduate course, second semester. Part of the specialised Masters or Postgraduate Diploma in Shipping Law.

Course outline:
Although the course focuses on South African law, comparisons are made with the laws of other jurisdictions, particularly those represented by foreign students on the course. The focus is on:

  • The business of carriage of goods by sea, including:
    • Shipping and international trade;
    • Carriage documents and their interaction;
    • INCO Terms;
    • Other international attempts at standardisation in carriage;
    • Electronic commerce in shipping.
  • General principles of carriage of goods by sea, including:
    • Applicable law;
    • The common carrier;
    • International carriage regimes: The Hague, Hague-Visby and Hamburg Rules;
    • The SA Carriage of Goods by Sea Act;
    • Title to Sue and the [draft] Sea Transport Documents & Title to Sue Act;
    • Limitation of liability for cargo claims.
    • Bills of lading;
    • Charterparties
    • Cargo claims and charterparty seminars will be conducted, where possible in the presence of practising attorneys specialising in the field. These may take the form of moots.

Prerequisites:
The faculty reserves the right to limit classes to 20 students, with preference given to those who are registered for the specialist programme in Shipping Law.

Lectures:
One three-day full-time session during the second week of the second semester, followed by evening classes, Wednesdays 16h30 - 18h00, until the end of the semester when a second three-day full-time session will be held.Alternatively, two late afternoon sessions, per week 16h30 and 18h00.

DP requirements:
Satisfactory attendance at and participation in lectures and seminar sessions. Satisfactory completion of two written assignments during the semester Attendance at both full-time (day) sessions is compulsory (if applicable).

Assessment:
One three-hour examination, at the end of the semester. Two written research assignments, or one assignment and a debate, will be set during the semester. Assignment and moot marks collectively count 50% towards the year-end course evaluation.