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linda_us
linda_us, Master's Degree
Category: Business and Finance Homework
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Experience:  A tutor for Business, Finance, Accounts and other related topics.
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I was looking at this assignment which is close to an

Customer Question

Hi I was looking at this assignment which is close to an assignment that I am working on
JA: The Tutor can help you get an A on your homework or ace your next test. Tell us more about what you need help with so we can help you best.
Customer: Was looking at the susan professional bookseller story and could use some inspiratioj in prepairing replies to same
JA: Is there anything else important you think the Tutor should know?
Customer: No basically not
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Tutor about your situation and then connect you two.
Submitted: 5 months ago.
Category: Business and Finance Homework
Expert:  Mr. Gregory White replied 5 months ago.

Hello, my name is Greg.

Can you post the specifics of the question that you have or paste the link to the similar one on here for me to review as I cannot tell which question you are referencing.

Thanks

Customer: replied 5 months ago.
Hi Greg,Was looking at below story / assignment on the homepage and would like the answers to the questions:
Good Day, Here is a summary: Susan, a professional bookseller, had a consignment of books entitled 'New World Wine Tasting Courses' ("the books") that she wished to sell in the UK. The books had to be shipped from Australia (which has incorporated the Hague-Visby Rules) to Shoreham Port (the UK). Susan contracted under a voyage charter with Carry-Well Shipping Company ("Carry-Well") to ship the books to London. The charter party expressly incorporated the Hague Rules. The books were shipped and the Master issued a clean Bill of Lading. The bill of lading clearly marked the cargo as being books about wine. The bill of lading contained a clause saying "all terms as per charter" but made no reference to either the Hague clause or the demurrage provisions in the charter, or to the Hague-Visby Rules. The ship arrived at the ship's waiting point just outside the Port of Shoreham, and proceeded to the berth, where laytime commenced. The vessel was boarded by an inspector from the Reading Materials Authority ("the Authority"), in line with the national policy of carrying out routine inspections of all cargoes of books about wine shipped from Australia. The inspector discovered a selection of readings in the book that were banned in the UK. Susan had not informed Carry-Well about the specific nature of the books, having not been asked by the carrier for any particular details about the books. The inspector confiscated the banned books and issued a severe fine against Carry-Well for attempting to discharge banned literature. All of this took considerable time and the ship went into demurrage. Meanwhile, Susan had sold the books to 'The Theatre of Wine' under a CIF contract of sale governed by the English Law. The Theatre of Wine ("the Shop") is a well known, up market trendy wine shop. Both Susan and the shop were well aware of the entire contents of the books, but neither had any idea that such material was banned in the UK. Susan transferred the bill of lading and other relevant documents in respect of the books to Alex (the shop's agent, acting on behalf of the shop), who paid for and accepted them. It now appears that Susan had no money. Carry-Well has therefore informed Alex that it will be seeking outstanding charter freight and demurrage from the shop under "all terms as per charter" clause in the bill of lading. Carry-Well also aims to claim from the shop the fine imposed by the Authority's inspector and for the consequent loss from delay. Those books not confiscated by the Authority were discharged by Carry-Well. It transpires that all of these books have suffered damage due to water ingress into the holds of the ship. Question(a): Analyse the extent to which Carry-Well will be successful in its claims against the shop for the outstanding freight and demurrage on the charter, and also for the loss arising out of the fine levied on the banned books? (Becky finds it hard to believe that the shop could possibly be liable in respect of either claim or the fine when none of what happened was its fault). Question(b): Explain the liability (if any) that Carry-Well might well have for the damage to the books caused by water ingress. Question(c): Due to her financial difficulties, Susan is anxious to avoid any possible liability on the above facts. Analyse the merit in any argument that she might advance that demurrage ceased to run when the vessel and the unloading process were delayed by the Authority's inspection. PART B Critically analyse to what extent the doctrine of 'freedom of contract' prevails over international carriage contracts such as those relied upon by the parties above.
Expert:  Mr. Gregory White replied 5 months ago.

After going through my resources, I do not have what is necessary to complete at this time.

I am opting out and opening up to the other professionals and messaging a couple who might be able to help.

Someone should be with you shortly.

Customer: replied 5 months ago.
Thanks - Do you think they will be here soon or will it be long
Expert:  Donna Kakonge replied 5 months ago.

Dear Customer,

When is your deadline for this? I can help you.

Kindest regards,

Donna Kakonge, LLB

Customer: replied 5 months ago.
Dear *****na,Need it by latest Sunday noon time in Europe.Will be pleased to hear if possibleBrgds
Martin
Expert:  Donna Kakonge replied 5 months ago.

Dear Martin,

Yes, that is possible. I will start working on it today.

Thank you,

Donna

Customer: replied 5 months ago.
Thank you Donna
Expert:  Donna Kakonge replied 5 months ago.

Dear Martin,

You are welcome. I will have the answer for you by Saturday EDT.

Kindest regards,

Donna

Expert:  Donna Kakonge replied 5 months ago.

Dear Martin,

I apologize for taking this question. I see now after looking at the latter part of it more carefully that it truly should be answered by one of our experts in British law. I do have a British law degree, however I am not allowed to respond to these kinds of questions in this section. I will mark it for someone who is an expert in British law and/or European law to respond to.

Thank you for your time.

Kindest regards,

Donna Kakonge, LLB, ABD

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