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Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey
Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey
Dalhousie Law Journal
The paper begins with some background on modern liner shipping and cargo interest perspectives before considering the Rotterdam Rules 2008 (The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), which could ultimately replace Canada's existing carriage of goods legislation. The authors explore the key issues arising from the implementation of the Rules, and discuss why, from a manufactured goods perspective, there will likely be limited acceptance by cargo owners. They conclude that the gains made in the areas of electronic documentation and greater clarity on delay, as well as altered limits of liability do …
Assessing Exclusion Clauses: The Supreme Court Of Canada's Three Issue Framework In Tercon Contractors Ltd V British Columbia (Transportation And Highways), Shannon O'Byrne
Dalhousie Law Journal
The Supreme Court of Canada's 2010 decision in Tercon Contractors Ltd v British Columbia (Transportation and Highways) concerned the enforceability of a broadly drafted exclusion clause in the context of public procurement tendering. It is noteworthy for several reasons. First, the decision unanimously articulated a three-issue framework for determining the enforceability of exclusion clauses. Second, and on a more theoretical front, Tercon offered competing visions as to how contracts are to be interpreted. Though the Supreme Court was unanimous that parties to a contract should-of course-generally be bound by its terms, the majority and dissent followed significantly different paths for …