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LLM Curriculum

Carriage of goods by sea


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.

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.

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).

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.