Question 8 (20 marks)

Reading the case named Pan Ocean Shipping Ltd v. Creditcorp Ltd (The Trident Beauty), which was decided by the House of Lords on January 27, 1994 [1994] C.L.C. 124

8(1): How many judges wrote the opinion of this case, and what are their names?

8(2): In your opinion, which judge's opinion is the most important to understand the case and why? (4 marks)

8(3): Write summary about the facts that leading to the disputes in this case. You should write summary in simple English that a non-legal person can understand. (Your summary shall not be more than 200words)

Question

P owns a land, on which certain construction is to be undertaken by L.For taxation purposes, P routes the contract via M, such that the contract is executed between M and L. (P, L, and M were subjects in UK)

L undertakes the work on site and produces periodic invoices to M for payments.

M fails to pay all the bills. As a result, L terminates the contract and sues P for restitution against benefits already accrued to P about the portion of construction already completed.

P denies L's claim and argues that the M-L contract should not be binding on P because P is not a contractual party to the M-L agreement (Lack of privity of contract).

8(4): Explain whether L can enforce the contract and claim for restitution against P.

Question 9 (15 marks)

Reading comprehension of a UK case Volcafe Ltd & Ors v. Compania Sud Americana De Vapores SA [2019] 2 All ER 81.

9(1): According to the case, must coffee be carried in ventilated containers? (1 mark)

9(2): According to the case, did the bagged coffee suffer from seawater damage? (1 mark)

9(3): According to the case, what are the two fundamental principles of bailment under the UK common law?(2 marks)

9(4): According to the case, what legal burden of proof the carrier needed to establish, and did the carrier satisfy his burden of proof?(2 marks)

9(5): Write summary about the facts that leading to the disputes in this case. You should write summary in simple English that a non-legal person can understand. (4 marks)

9(6): Write summary about the "Bailment at common law" (from para 7 to 11) in this case. You should write summary in simple English and cut out all repeated expressions, so that your writing will not overburden a non-legal person to understand the rules. (5 marks)

Question 10 (15 marks)

Reading comprehension of a US case Liberty Woods Int'l v. The Motor Vessel Ocean Quartz, 889 F.3d 127 (3^rd Cir. 2018), United States Court of Appeals, May 4, 2018.

10(1): What is the last word on page 130? (1 mark)

10(2): How many judges decided this case and what were their names? (1 mark)

10(3): What is (Liberty Woods Int'l)'s capacity in this case? (1 mark)

10(4): What is the name of the carrier in this case that issued the bill of lading? (1 mark)

10(5): According to the BL, the plaintiff should file the lawsuit in which country? Did plaintiff file the lawsuit in that country? (2 marks)

10(6): Section 3(8) of COGSA mentioned in the case is similar to which article under the 1924 Hague Rules? (1 mark)

10(7): Summarize the reasons why the US Court of Appeals came to a conclusion that the foreign forum selection clause provided in the BL does not violate section 3(8) of the COGSA. You should write summary in simple English that a non-legal person can understand. (Your summary shall not be more than 300words) (8 marks)