Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - “MARINE CARGO CLAIMS”, (2ND EDN.)
By Professor William Tetley, Q.C., with assistance from Marc Nadon. Published by Butterworth & Co., (Publishers) Ltd., London. Casebound £25.
“It is a principle of society and commerce that the person who causes damage should be held responsible under the law, otherwise that person will continue to be negligent. This is especially true in the carriage of goods by land and sea”.
This theme of the second edition of “Marine Cargo Claims” is eminently suited to Bill Tetley who, as a renowned litigation attorney in the 1950s and 1960s, made a speciality of the representation of the interests of cargo claimants, published many articles on associated subjects and thereafter held the post within the National Assembly of Quebec of Minister of Consumer Affairs, Cooperation and Financial Institutions. He was the first Minister in Quebec to introduce consumer protection legislation, which is part of the worldwide consumer revolution in all fields of business which has held merchants to be more accountable.
The first edition, published in 1966, achieved worldwide acclaim and has been cited in many countries. The second edition is designed, as was the first edition, to be a guide for claimants who wish to recover damages arising out of ocean carriage of cargo and also for carriers who wish to defend against such claims.
The author has expressed the hope that this book, being a study of recorded judgments of different but related jurisdictions, in which national and linguistic boundaries are crossed, will bring those jurisdictions and their law closer together and assist in more uniform jurisprudence and practices.
Although the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules in March, 1978, these Rules may not become effective for some considerable time, and Professor Tetley rightly stresses the major importance of the coming into force of the Hague-Visby Rules on June 23, 1977, after 10 nations had become Contracting States. He explains that their influence is already considerable and widespread so that they are “really the law of the present in the shipping world”.
“Marine Cargo Claims” has been completely rewritten, but the author has retained the easily readable style with extensive footnotes which made the first edition useful and an ideal book of reference for lawyers, cargo recovery agents, traders, ocean carriers, P. & I. Clubs and students.
The number of case citations has almost doubled, following an extensive reading and collation of bills of lading judgments of American Maritime Cases, Lloyd’s List Law Reports and Lloyd’s Law Reports, Droit Maritime Français, Canada Law Reports and European Transport Law. Within a clearly presented volume of about 675 pages, the author, who has represented Canada at international law conferences extensively since 1962 and recently attended as Adviser and Counsel to the Government of Canada at the Hamburg Conference with respect to the amendment of the Hague Rules, allows his wealth of knowledge and experience to pervade the whole work.
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