Paper - Academic Registry and Council Secretariat - Queen Mary ...

TPB2012-024
Module B [LWM05B]
Sequence: module A must be attempted before module B
Time charter parties
Nature; description of ship, delivery date and cancelling clause; charter period; early or late redelivery;
payment of hire; off-hire; deductions from hire; withdrawal of ship for no punctual payment;
employment and indemnity clause; owners' liens on freight or sub-freight.
Module C [LWM05C]
Sequence: modules A and B must be attempted before module C
The bill of lading contract and functions
The bill of lading as a contract; incorporation of charter party terms; identity of carrier; the bill of lading
and third parties
The bill of lading as a receipt; representations as to quantity, condition and identity (leading marks) of
cargo; common law and statutory estoppel
The bill of lading as a document of title and the Carriage of Goods by Sea Act 1992
Module D [LWM05D]
Sequence: modules A, B and C must be attempted before module D
International conventions regulating the rights and obligations of the parties to the bill of lading
contract
The Hague and Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; genesis of the Rules
and comparison. When do these rules apply? Excluded cases; period covered; no contracting out; the
carrier’s duties; the carrier’s defences; responsibilities of cargo owner or shipper. Freight
Time limit for making a claim; limitation of liability
Commercial banking law: bank–customer relationship
Students are required to attempt the modules in order.
Module A [LWM72A]
Banks and customers
What is a bank and who is a bank customer?
The contract: obligations of parties, significance of the mandate, termination of the contract, variation,
proper law of the contract
Duty of confidentiality owed by a bank to its customers and the circumstances in which the duty can,
or must, be breached
Module B [LWM72B]
Sequence: module A must be attempted before module B
Duty of care, fiduciary duty, constructive trust and undue influence
A bank’s duty of care: application and scope of duty
Fiduciary obligations: when does bank become a fiduciary and how can it limit or exclude its
obligations?
Constructive trust: when does liability as a constructive trustee arise?
Undue influence: types of undue influence, how can a bank protect its transactions from challenge on
the grounds of undue influence?
Constructive trust: when does liability as a constructive trustee arise?
Customer’s duty of care
Module C [LWM72C]
Sequence: modules A and B must be attempted before module C
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