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Law of Carriage Subject Moot Court, SSLG, JNU, Jaipur

Vito Corleone Ltd


(Applicant)
V
Don BoscoPvt. Ltd
(Respondent)

The Compromis

1. Jack owns a vineyard in Kent, United Kingdom. On the 20 th January, 2014 he


sold 200,000 bottles of Medway Wine on CIF terms to Sabrina who is the
Managing Director of a wine wholesale business called Vito Corleone Ltd.. The
goods were to be shipped from Southampton, UK, to Singapore.

2. Jack entered into a contract with Don Bosco Pvt Ltd for the carriage of the wine.
The contract was to be governed by English law and any disputes arising thereof
were to be referred to the Subject Moot Court, SSLG, JNU, Jaipur
3. Don Bosco Pvt Ltd time chartered the vessel from Atlantis and was operating the
vessel as a liner vessel on a UK to Singapore route.
4. The bottles of wine were put into containers and were shipped from
Southampton by Don Bosco Pvt Ltd, who issued a clean bill of lading for them,
naming Jack as the shipper and Vito Corleone Ltd as the consignee.
5. Jack presented the documents which included the bill of lading to Vito Corleone
Ltd who accepted and paid against them. The box entitled the Carrier on the front
of the Bill of Lading was signed by Don Bosco. However, there was a clause
which was printed in bold letters on the front of bill of lading stating that the bill of
lading could only take effect as a contract with the owners of the vessel and
further details were on the back of the bill of lading. However, the print on the
back of bill was almost illegible. In addition, another clause on the front of the bill
stated that all the claims in respect of goods shipped in or out of Singapore were
6.

subject to The Hague Rules.


Two of the containers were stowed on deck on appropriate stacking shoes for

the carriage of containers. However, this was not mentioned on the bill of lading.
7. During the voyage, due to severe weather conditions, the containers which were
stored on deck were lost overboard.
8. On the day the vessel arrived in Singapore, a new duty was introduced whereby
any wine being brought into Singapore had to be paid $25 per bottle before being
discharged. As this was a new requirement the Master of the vessel paid the duty
and gave instructions that upon discharge the goods were to be put into storage
and only released upon reimbursement of the duty by Vito Corleone Ltd.
9. Vito Corleone Ltd now wishes to claim from Don Bosco Pvt Ltd; (a) the
consignment without reimbursing the duty already paid by the master of the ship.
(b) damages under the bill of lading for the loss of the two containers, as the
insurance has refused their claim for the loss.
10. Don Bosco Pvt Ltd claim that they are not liable as per the clause which was
printed in bold letters on the front of bill of lading stating that the bill of lading
could only take effect as a contract with the owners of the vessel and further

details were on the back of the bill of lading. Further, the goods could be released
on reimbursement of the duty paid.
11. As negotiations between Vito Corleone Ltd and Don Bosco ended in failure,
both parties agreed to refer their respective claims to the Subject Moot Court,
SSLG, JNU, Jaipur by a Special Agreement (Compromis) dated 02 March 2016.
The Compromis asked the Court to resolve the issues set out in paragraphs 9
and 10 above. The Teams are to prepare arguments as applicant and respondent

LIST OF AUTHORITIES

Morviken [1983] 1 Lloyd's Rep. 1


Leduc& Co v Ward (1888) 20 QBD 475
Sunrise Maritime Inc v. Uvisco Ltd [1998] 2 LLR 287
Universal Steam Navigation v McKelvie (1923) (AC) 429
MB Pyramid SoundMV v BrieseSchiffaurts GmbH (The Ines) [1995] Lloyd's Rep

144
Fetim BV v Oceanspeed Shipping Ltd [1999] 1 LLR 612
The Starsin[1999] 2 Lloyds Rep. 85

Svenska Tractor v Maritime Agencies SvenskaTraktor v Maritime Agencies


(Southampton) Ltd [1953] 2 QB 295
Royal Exchange Shipping Co Ltd v Dixon (1887) LR 12 App Cas 11
Suisse Atlantique [1967] 1 AC 361
Mitchell Cotts v Steel1916] 2 KB 610
TheGiannis NK (1998) 1 Lloyds Rep,
The AthanasiaKomninos(1990) 1 Lloyds Rep 23
Treaties/International Conventions/Statutes

International Convention for the Unification of Certain Rules of Law relating to

Bills of Lading, Hague Rules. 1924


International Convention For The Unification Of Certain Rules Of Law

Relating To Bills of Lading, Hague-Visby-Rules, 1968


Convention for the Carriage of Goods by Sea: Rotterdam Rules, 2008
ICC Uniform Customs and Practice for Documentary Credits (UCP 600)
Carriage of Goods by Sea Act 1971 (UK)