Updated: 02 August 2006

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STUDENTS' PAPERS, 2005 —
"The Starsin": Tetley's Third Alternative



Prof Bill Tetley comments on the House of Lords ruling in The Starsin thus:

"There is, however, a third alternative, which is that both the shipowner and the charterer are the carrier and cannot be otherwise."
    
Case note on The Starsin published in JMLC Vol35 No.1, 120 at p.122

The Shipping Law LLM students of 2005 were asked to discuss Prof Tetley's third alternative in relation to the Starsin bill of lading and to the House of Lords' ruling. It was suggested that the stock question in relation to the interplay between bills of lading and charterparties should be "Who are the carriers?"

Students were also asked to look at the way in which the Starsin ruling affects the operation of the Himalaya and demise clauses commonly found in bills of lading and charterparties.

We have chosen a paper from some of the 12 different countries represented in the 2005 Shipping Law class (see list below). We hope they are useful to others studying The Starsin. In each case the student's email address is given and readers are welcome to contact the authors direct.

The Starsin House of Lords judgment can be found at:
www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd030313/starsi-1.htm

  • Please remember also that the authors of these papers hold copyright and that quotes taken from the papers should be properly acknowledged.

Disclaimer
The materials on this site are set up for academic interest only. Use of these materials implies acceptance by the user that neither the University of Cape Town, nor the Faculty of Law nor the authors of such materials shall be in any way liable for any consequence of such use, whether resulting from errors, omissions, negligence, or however caused. (These papers were submitted as assignments and have not been edited please accept the contents for interest only).

Selected Papers The Starsin Tetley's "Third Alternative"; unpublished LLM class paper, Cape Town 2005.


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Shipping Law Unit, UCT
Inquiries: Professor J.E. Hare
Date: 02 August 2006