Modern Shipping Industry Essay Example | Topics and Well Written Essays - 1500 words

Modern Shipping Industry - Essay Example Even the applicability of privity of contract to the maritime contracts was established only after the court rulings in Tweddle & Atkinson [1861]1 and Thompson v Dominy [1845]2. Section 1 of the Bill of Lading Act was enacted to provide the right of suit to the consignee as well as the transferee of the Bill of Lading thus providing an exception to the privity of contract. However one major flaw was that the right of suit was made available only in respect of the conditions specifically and expressly mentioned in the Bill of lading. since the essence of Section 1 is to transfer the right of suit 'as if the contract contained in the bill of lading had been made with himself' . Thus made the section inoperative in those cases where the right of suit on reasons otherwise than on consignment or endorsement and this wording was adversely affecting the position of the Banks in whose favour the bills of lading were endorsed not giving them the right to sue. Under the circumstances where the Bills of lading were not able to be received by the consignees within such time the vessel reaches the destination, the buyer became the owner of the goods by producing a 'letter if indemnity'. As was decided in the case of The Delfini [19903] this act of becoming owner by delivery and 'not upon reason of consignment or endorsement' excluded the receiver's right to sue. The rulings in cases like The Aliakmon [1986]; where an endorsement was made in the Bill of Lading for the agent to take delivery on behalf of the consignee held that there was no transfer of property and in the case of The Aramis [1989]; since it was not possible to ascertain the specific goods consigned from a larger bulk, held that the property did not pass as laid down in Section 16 of the Sale of Goods Act 1979, have subsided the effect of the Delfini case. Cessation of Liability of the Ship owner: The decision in the case of Grant v Norway [1851]4 provided for the cessation of liability of the ship owner to the endorsee or transferee of the Bill of lading in cases where the ship owner can prove that the goods were not actually shipped., section 3 of the Bill of Lading Act 1855 was enacted to provide that statements made in the bills of lading with regards to the goods shipped would be conclusive evidence of such shipment "as against the Master or other persons signing the same". However this provision did not provide the necessary remedy for the problem as the ship owners were inclined to take advantage of the courts reading the provisions of Section 3 literally, by applying the principle of estoppel in their favour. Hence section 3 of the Bill of Lading Act proved ineffective in solving the issues created by the case of Grant v Norway [1851]5. Coverage of the Bill of Lading Act 1855: One final issue concerning the Bill of Lading Act was that it generally covered only 'Bills of Lading' and not 'sea way bills' which were the order of the day during the last few decades with the containerization of the goods which was not covered by the old Act. Provisions of the UK Carriage of Goods by Sea Act 1992: Section 2 (1) (a) of the UK Carriage of Goods by Sea Act 1992, empowers the consignee to sue the carrier in contract, where the consignee is the

Hysteria Essay Example | Topics and Well Written Essays - 1750 words

Hysteria - Essay Example The hysterical person claims one or more of many difficulties or disorders. These include: complete or partial inability to hear or see, prolonged periods of forgetting (amnesia), inability to sleep or sleep walking (somnambulism), loss of speech (aphoria), trances, muscular habits (spasms tics or tremors) and apparent epileptic seizures (idiopathic epilepsy), conversion hysteria in which metal conflicts re converted into physical symptoms such as paralysis, blindness and anesthesia, the fugus or flight, in which an individual becomes amnesic for personal past and multiple personality, in which individual's personality splits into two or more distinct personalities with dissociation of consciousness. Amnesia is a condition where the person cannot recall certain past experiences of his life. In functional amnesia, there is no brain damage as is found in some other forms. The forgotten material remains inaccessible to the person, but can be restored after treatment. Because the person cannot cope with this threatening material, there is repression so that it can be eliminated from the consciousness. Fugus states are characterized by a general amnesia for the person's entire past, including who he is and where he lived. This is associated with a flight (fugue) where the person wanders away from home and then days, weeks, and sometimes years later, finds himself in a strange place, not knowing how he got there, and not remembering about the period of fugue. In some cases, a person has lived away from his original home for ten or more years, starting a new occupation, building a family, only to "reawaken" later, missing his place of origin. In somnambulism, certain thoughts become so strong during sleep as to determine the person's behavior. The person rises and carries out some act. Like multiple personalities, there is some dissociation of some sub-system within the personality which is expressed during sleep and for which nothing is remembered during the waking state. Multiple personalities are rare. It is as if several parts of personality have not been successfully integrated so they become separated or dissociated from each other and the person frequently shifts from one to the other. There appear to be several complete systems of personality with each system having distinct emotional and thought processes, different from each other. When one personality is free and impulsive, another is inhibited and responsible. In conversion reaction, the person suffers from physical symptoms with o organic basis. It could be in the form of anesthesia (loss of sensitivity of some body part) where the person does not feel any pain or sensation in that part of the body. Diagnostic criteria for conversion disorder as defined in the DSM-IV are as follows: One or more symptoms or deficits are present that affect voluntary motor or sensory function that suggest a neurologic or other general medical condition. Psychologic factors are judged to be associated with the symptom or deficit because conflicts or other stressors precede the initiation or exacerbation of the symptom or de