Tuesday, February 25, 2020

Discuss on the basis of relevant case law, the legal aspects of the Essay

Discuss on the basis of relevant case law, the legal aspects of the undertaking of seaworthiness in contracts for the carriage o - Essay Example This is a condition that must be fulfilled in order to avoid losses. Compensation will only be guaranteed when seaworthiness is adhered to all the times. A ship is said to be fit if it is in a condition that the owner can allow it to take a voyage. The probable future events are also put into consideration in the determination of seaworthiness (Wilson 2010, p.9-15). Sea worthiness is determined by the type of voyage to be made, and also the class of the vessel. Kopitoff v Wilson (1876) provides the meaning of seaworthiness. This essay seeks to discuss the legal aspect of understanding of seaworthiness in contracts for the carriage of goods by sea. Application of Hague Rules as amended Charter party contract is negotiable in a free market, and it is subject to the law of supply and demand. The rules were designed to clarify on the legality of the carrier of goods (Wilson 2010, p.9-15). There are clauses that guide the parties to the contract. The law of merchant holds water in the des igning and implementation of the rules to be considered in the contract. The Hague/Visby Rules provide a provision to the parties of the contract. All the contracts of Affreightment outline the provision of a sea worthy vessel for the work. This helps in reducing accidents, and also the risks of undertaking the business. There is the obligation rule to stick when carrying out the business of carrying goods via sea. The sea worthiness includes presence of competent crew and sufficient fuel for the voyage (Wilson 2010, p.9-15). The contracting parties are required to operate a fair business involving principle of indemnity. There should be disclosure of the contents of goods to be carried. This reduces the chances of carrying dangerous goods. In the case of Northern Shipping Co v Deutsche Seereederei GmbH & Ors, the vessel was carrying highly inflammable cargo. The cargo had not been declared appropriately. The law provides for the owner of the ship to avail a sea worth vessel. Any br each of contract will result to the nullification of the contract. The vessel availed for the transaction should be fit. Contracting States The Madeline [1967] stated about the non cancellation of charter agreement before the termination of the voyage. The Affreightment contract governed by Hague or Visby Rules, will have to abide with the principle of due diligence. This will facilitate the providence of sea worthy vessel. Any negligence caused by the contracting parties will result to liability (Wilson 2010, p.9-15). The liability can be reduced only by providing a sea worthy ship. Corporate social responsibility is one highly researched on in the recent years. The topic is a current loom in business arenas as scholars and managers seek to improve the way corporations do business. In its simplicity, corporate social responsibility refers to a school of thought of management where corporations are persuaded to engage in their business affairs in a responsible manner. It is a call f or organizations to participate in making their environmental constituents happier and better. This requires that corporations participate in a legal and a socially responsible manner (Wilson 2010, p.9-15). Therefore, an organization should estimate the market expectation and respond accordingly. There are twofold obligations to the ship owner when availing a sea vessel which is sea worth. The vessel must have competent crew to operate it and also necessary facilities for the operation. A vessel is

Sunday, February 9, 2020

Digital media has changed the ways ideas, information, and arguments Essay

Digital media has changed the ways ideas, information, and arguments in society are communicated both locally and globally - Essay Example This revolution has changed the people’s lifestyles and actions are manipulated by the information that they can access. The availability of information due to digital technology has brought along positive and negative impacts on the new society referred to as the network society. This paper features out the various ways in which digital media has impacted on the society’s way of thinking and reasoning, and how this has changed their course of actions. In the Dark Age, an age where information was a scarce resource, the behavior of the people was so much influenced by their community traditions and social-cultural norms. Information was common only on the elite people and the society highly depended on such while working out their decisions. The elite community would misuse this privilege of having information to manipulate the reasoning of the people to make decisions that would favor their individual goals. This was common in the political arena where politicians woul d influence the voting process to suit their political ambitions during the campaign period. Deprived of the power of information the people were likely to arrive at immature conclusion and consequently uninformed decisions (Silverstone, 2005). The evolution of information technology has phased out this era and information can no longer be hoarded among the few elite in the society. Today, dense media networks are available and accessible to all humanity in the entire world, and its power cannot be ignored (Risi, 2013). The evolution of telecommunication devices and numerous service providers have brought about a whole new experience for the community with information from the global view available to the majority of the people. With television people can access live information, and with digital mobile phone communication takes place in real time across the boundaries. According to Silverstone (2005), the evolution of the digital technology has brought a new different morphology of the society, and the digital trends will have more influence on the society that it had ever been imagined. The proliferation of the internet has completely changed the world into a global village by closing in the distance that existed between different national boundaries. The emergence of video conferencing technology today people can communicate and hold conferences from their remote locations without any problem (Risi, 2013). The internet resource has become an answer for multinational corporations and international business can now be conducted at ease. The numerous social networks in the internet have formed new platforms where people can communicate, share and pass information, exchange ideas and influence the peoples thinking process, and hence their decision making practice (Silverstone, 2005). One of the areas where digital media have been used to influence the decision making process of individuals is in the political field. Today, political agendas can be propagated ac ross the world at a click of a mouse and it only takes few minutes before the entire world responds to an issue. This has had a great impact on the political campaigns since the factors of time, cost and distance have been put behind by the evolution of technology. On the other hand the people have vast information which they can use as a ground to make more informed and wise decisions. For instance, Cambodian politics general