Title Maritime letters of indemnity / by Felipe de Arizon and David Semark

Published Milton Park, Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2014

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Description 1 online resource (xxiii, 203 pages) : forms Series Lloyd's shipping law library Lloyd's shipping law library. Contents Cover; Half Title; Title Page; Copyright Page; Dedication; Preface; Table of Contents; Table of Cases; Table of Statutes; 1 Introduction to Letters of Indemnity; Generally; Scope; Approaches to the use of letters of indemnity; 2 Letters of Indemnity and the Carriage of Goods by Sea; Introduction; The indemnity contract in English law; The interface between letters of indemnity and the bills of lading; 3 Letters of Indemnity and Bills of Lading; Introduction; Shippers v carriers; Letters of indemnity and clean bills of lading Letters of indemnity and delivery without production of a bill of ladingLetters of indemnity against a change to the cargo destination; Charterers v head owners; Letters of Indemnity and clean bills of lading; Letters of indemnity and delivery without production of the bill of lading; Letters of indemnity against a change to the cargo destination; Receivers v carriers; Letters of indemnity and clean bills of lading; Letters of indemnity and delivery without the production of the bill of lading; Letters of indemnity against a change to the cargo destination; Sellers v buyers Letters of indemnity and clean bills of ladingLetters of indemnity and delivery without production of the bill of lading; Letters of indemnity against a change to the agreed discharge port; Banks v sellers; Letters of indemnity and clean bills of lading; Letters of indemnity and delivery without production of the bill of lading; Letters of indemnity against a change to the cargo destination; 4 LOIs, the International Approach; Introduction; The CMI conferences; The 1927 Amsterdam conference; Proposal 1: Substitution of letters of indemnity with guarantees for shipper-sellers' banks Notice of letter of indemnity between cargo underwriters and shipownersProposal 2: The report of the French Maritime Law Association, a proposal for an international convention; The 1954 Brighton CMI sub-committee meeting; The 1955 Madrid conference; Criminalization of illegitimate use of letters of indemnity; Form of Shipper's supplemental indemnity; 5 ""Clean Bills"" LOIs, the English Position; Introduction; United Baltic Corporation Ltd. v Dundee, Perth & London Shipping Company; Brown Jenkinson v Percy Dalton; The facts; The judgments; The High Court's judgment Judgment of the Court of AppealUnenforceability, the exception or the rule?; Reliance on letters of indemnity by third parties; Notice of letter of the indemnity to third parties; 6 Policy Considerations; Introduction; Should clean bills LOIs be enforceable?; Effect of the maxim ex turpi causa non oritur actio?; Questions of fact, a case by case approach; The no-reliance test; Electronic bills of lading; 7 Discharge LOIs and the Presentation Rule; Generally; Difficulties created by the presentation rule; The consequences of the impossibility of fulfilling the presentation rule Summary This unique new title provides expert, hands-on advice as to the law and practice of the maritime letter of indemnity. Detailing the variety of implications that can arise from each type of letter, the authors bring this important and litigious subject to the fore with a view to reducing the commercial and legal risks involved in this core area of shipping and international trade. Key features of this title include detailed legal analysis of:The history of indemnity contracts and letters of indemnity Shipping and international trade contexts where Bibliography Includes bibliographical references and index Notes English Print version record Subject Marine insurance -- Law and legislation. LAW -- Administrative Law & Regulatory Practice. Marine insurance -- Law and legislation Transportförsäkring -- juridik och lagstiftning. Sjöförsäkring -- juridik och lagstiftning. Form Electronic book Author Semark, David, author. ISBN 9781317915805 1317915801 1306825040 9781306825047 9781315851471 1315851474 1843119528 9781843119524 9781317915799 1317915798

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