LAWS20062 International Commercial Law Norms and Methods Applied

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LAWS20062 International Commercial Law

Task:

Demonstrate comprehension of the regulatory framework and standards that govern International Sales of Goods.

Understand the legal aspects of international commercial transactions, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.

Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence international commercial transactions by sea and air

Explain the importance of risk in international commercial transactions and demonstrate a working knowledge of international insurance process and procedures.

Question

1. Bonza Exporters Pty Limited (Bonza) is an Australian exporter who specialises in exporting signature Australian long life foodstuffs to foreign markets (mainly for expatriate consumption).  Bonza’s best selling products are Red wine, Vegemite, Twisties and Tim Tams.  Bonza contracts with Angelic Shipping Group (ASG), a Greek shipping company, holding a bareboat charter over the Toothless Dragon a ship owned by Viking SA, a Norwegian shipping company.  The contract is for the carriage of 8 containers of dry goods from Sydney to Felixstowe (United Kingdom). Bonza takes out cargo insurance with Marine Insurance Contracts Europe Pty Ltd (MICE), the Australian subsidiary of a UK based insurer, using Institute Cargo Clause A for the Toothless Dragon shipment. The voyage appears to go very well with smooth sailing and mostly fine weather. When the Toothless Dragon arrives at Felixstowe and the containers are unloaded, it becomes apparent that moisture has got into in several of the containers which has damaged or ruined some of the goods (particularly the dry snack foods).  Bonza and ASG are in dispute as to whether the Toothless Dragon was seaworthy when it departed Sydney.

a)      Can Bonza claim under its Cargo Clause A insurance contract with MICE?

b)      Would it make a difference if Bonza only had Cargo Clause C cover with MICE?

c)      If MICE pays Bonza out under the insurance contract, what happens to the dispute between ASG and Bonza?

d)      What impact would it have on Bonza’s claim on its insurance with MICE if Bonza had failed to inform MICE when taking out the insurance that theToothless Dragonhad a reputation for being prone to leaks?

e)      Imagine instead of smooth sailing and fine weather, there had been a hurricane and 1/3 of theToothless Dragon’scontainers had been lost overboard and ASG had declared General Average in relation to theToothless Dragon.  Can Bonza claim on its insurance contract with MICE?

2. Marine insurance has been around for thousands of years and many modern day marine insurance contracts still closely resemble their medieval ancestors and include terminology which has fallen out of use in everyday language or has taken on a special meaning in insurance.  Choose two long standing concepts in marine insurance and consider whether they have changed or should have changed and whether they are still appropriate for today’s insurance contracts.  Possible examples include uberrimae fidei, bottomry, respondentia, barratry and seaworthiness.

3. Does the Marine Insurance Act (Cth) strike the right balance between protecting the rights of insurers and the rights of their customers in international commercial trade?

LAWS20062 International Commercial Law

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