Seller A who is located in Izmir and Buyer B who is located in
Hamburg has conducted a FAS sales contract on 01.04.2018 for the
sale of 1.000 wheels in the total weight of 800 kg. and loaded the
cargo in same-sized 4 containers. Each container is full with
wheels, and is in the value of 4.000 TL. The payment has been made
in cash. In order to organize the transportation C has been
appointed. C has no vehicles so he has organized this intermodal
transportation by dealing with road carrier M for the inland
transportation that will be performed in Turkey, the agency D of
ship owner E and port operator F in Hamburg. In order to find these
persons, C has conducted with G. When the goods have been delivered
to B on 01.06.2018 in the port of Hamburg. The consignee B has
realized that the 2 containers are lost and notified the situation
to carrier on 01.07.2018. According to the expert report prepared
by the cargo insurer H who covers the risks of A, the goods have
been lost during the traffic accident on 01.05.2018 in Izmir. Thus,
a case is filed on 02.07.2019. (1 SDR is equal to 7 TL). TCC will
be applied. Answer the below questions concerning the above
case.
1. Determine the contractual relationships placed in the above
case. When determining these relationships, consider; the names of
the contracts, their parties, the titles of the parties, the forms
that these contracts are subject to and the documents that will
prove their existence
2. Analyze the damage compensation procedure. When analyzing the
procedure, consider; the person who is under obligation to bear the
risk, the person who will file the case against the person(s) who
is/are liable in terms of Turkish Commercial Code rules under 6
important titles. These titles are; concept of liability, period of
liability, exoneration from liability, notice of damage, limitation
of liability and time bar
3. Consider that you are the master of the ship that is owned by
E and the damage has occurred before loading the cargo to your
ship. What would you do with the bill of lading in order to relieve
from liability?