Ritically discuss the common law duty of seaworthiness.

BU301 Law of International Trade: Essay Guidance
Critically assess the rights and duties of the shipowner under a bill of lading.
As I am not around over Easter, here are a few guidance points for tackling the essay:
i · The question relates to the common law duties and liabilities of the shipowner. You do not need to talk about the Hague-Visby or Rotterdam Rules. The essay topic was covered in Week 4 of the course (Bills of Lading 2); the relevant chapter in Carr is Chapter 7 a?Bills of Lading and Common Lawa.
i · There are a number of duties owed by the shipowner. You may find that you are struggling to cover them all in sufficient depth using only 2,500 words. It is perfectly acceptable for you to focus your critical assessment on one or two of the more important duties or areas, providing you still show awareness/understanding of the duties you do not consider in detail and justify your narrower focus. This might be as simple as outlining all the duties in your introduction, and indicating key critical issues with each one, before moving on to your detailed examination of caselaw.
i · Similarly, contextual issues can be dealt with briefly. What a BoL is, who the parties to an international trade agreement are (shipper, consignee, etc), and the general exclusions such as acts of god/perils of the sea, need not be given too much attention. They are contextual or introductory points; your essay should focus on the shipowneras major duties and liabilities (e.g. seaworthiness, due dispatch, deviation, negligence, etc).
i · Your essay needs to be a critical assessment. Although one way to do this is to engage with academic debate via articles and books, it can also be done by examining and discussing caselaw and judgesa opinions. Ask yourself critical questions about the cases you look at; for example: Why did the court make this decision? Why did the HL overrule the CAas opinion? Is there a dissenting judgment, and what does it add to the discussion? Are there cases which conflict with each other? Is the outcome problematic, and why? Are there situations or examples where the outcome might be unfair or wrong?
i · Carr discusses numerous cases in the core text; these and many more can be found on WestLaw, LexisLibrary, and JustCite. We have provided ample opportunities for training on these databases, but if you are struggling with them ask Jenna Jiggens (jenna.jiggenssmuc.ac.uk) the law librarian for help.
The deadline for your essay is: Monday 8 April 2013.
See the Module Guide for more details on assessment submission and regulations