Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - PARTIES TO A CONTRACT OF CARRIAGE
PARTIES TO A CONTRACT OF CARRIAGE by C. Cashmore, Senior Lecturer in Law, City University. Lloyd’s of London Press Ltd., London (1990, xl and 246 pp., plus 6 pp. Appendices). Hardback £65.
Parties to a Contract of Carriage has its origins in an M.Phil. thesis and appears to have been only later adapted into a textbook format. Not surprisingly, therefore, its breadth is narrower than usual for a textbook, and its practical value is probably limited. As an intricate, academic work, however, Parties to a Contract of Carriage is exceptionally good.
To begin with the coverage, Cashmore states that he set out to analyse the situation in which A sells or agrees to sell goods to B and it is expressly or impliedly agreed between them that the goods shall be consigned via a carrier. A, in turn, then arranges to have the goods carried to B by C, a carrier … In the event of loss, damage, delay or even total non-performance who is the correct person to sue C upon the contract of carriage, A or B? (Cashmore’s italics).
This is a book, then, about who can sue the carrier in contract. It excludes tort actions against the carrier, actions by the carrier against A or B, and the substance of the contract of carriage. Cashmore also states that he is dealing only with the position of consignors and consignees, so that endorsees under an order bill of lading are also excluded. It is clear, then, that this could in no sense be used as a textbook on international trade or carriage. Cashmore points out that there are standard works on the law of carriage and maritime law—it is clear that he does not intend to compete with them, and does not set out to cover similar ground.
It is also an analysis of the common law, with remarkably little statutory content. Since the book does not deal with the substance of carriage contracts, it is perhaps not surprising that neither the Carriage of Goods by Sea Act, 1924 nor 1971, rates so much as a mention in the Table of Legislation. What is more surprising is that the Bills of Lading Act 1855, s. 1 of which might be thought to be directly relevant to the subject-matter of the book, is stated (at p. 4) to be outside the scope of the work, and is only mentioned incidentally (e.g., in the discussion at p. 21 of The Sevonia Team
[1983] 2 Lloyd’s Rep. 640, where Lloyd, J., was of the opinion, obiter, that there could be more than one consignee for the purposes of the Act; and from time to time during the discussion in Chapter 2 of The Albazero [1977] A.C. 774).
Given the very narrow scope, however, and the almost total absence of statutory material and International Carriage Conventions, Parties to a Contract of Carriage is a very good book indeed. It is a truly exhaustive analysis of an admittedly narrow area, covering not only the English common law (on which the book concentrates) but also a comparative analysis of American and Canadian authorities. This book is aimed at those who are already familiar with the general law of carriage and want, not a practical guide, but a thorough academic analysis of a small but very interesting part of it. It is a tool for the researcher, rather than the practitioner.
There are six chapters. Chapter 1, entitled “Preliminary Material”, starts with a very brief summary of the application of common law principles to the different types of contract of carriage. It then defines consignor and consignee, exhaustively reviews the passing of property under the sale contract, and considers the nature of an action against a common carrier. Chapter 2 is entirely devoted to the House of Lords’ decision in The Albazero, and the authorities preceding it, of which the most important is Dunlop v. Lambert (1839) 6 Cl. & Fin. 600. The Albazero, it may be remembered, concerned the right of an intermediate seller, who was undoubtedly party to a contract with the carrier, to recover substantial damages where the cargo was lost after property, and the immediate right to possession, had passed to the c.i.f. buyer. Before reading Cashmore, I thought I was pretty familiar with The Albazero. Now I see that I have barely scratched the surface.
Chapter 3, entitled “The Ownership Rule”, examines the common law rule whereby the contract of carriage is presumed to be with the owner of the goods. Chapter 4 deals with the position of the consignor. Chapter 5 examines the rights of control over the goods of
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