The World of Maritime and Commercial Law: Essays in Honour of Francis Rose

Preface
Contents
List of Contributors
Table of Cases
Table of Legislation
Table of Treaties and Conventions
1. The Empress of Ireland and Mont Blanc Collisions: Then and Now
	I. The Titanic and Limitation of Liability
	II. Empress of Ireland
	III. The 1917 Halifax Collision and Explosion90
	IV. A Twenty-First Century Maritime Law Perspective on the Disasters
2. Do Actual Carriers Require Special Treatment?
	I. What is an Actual Carrier?
	II. A Special Regime for Actual Carriers under Conventions
	III. The English Law Position
	IV. Reasoning Behind a Special Regime for Actual Carriers
	V. Possible Solutions
	VI. Does the Problem Require a New Approach?
	VII. Two Further Issues
	VIII. Conclusion
3. Multimodal Carriage of Goods by Sea: Time for an International Convention?
	I. Introduction
	II. Five Problems with Multimodal Carriage of Goods
	III. Solutions to the Problems
	IV. Conclusion
4. The Three Ages of Utmost Good Faith
	I. Introduction
	II. The First Age: The Age of Common Law
	III. The Second Age: The Marine Insurance Act 1906
	IV. The Third Age: The Insurance Act 2015
	V. Conclusion
5. English Jurisdiction Clauses in Marine Cargo Insurance and Direct Actions against Cargo Liability Insurers
	I. Introduction
	II. Party Autonomy
	III. Direct Action
	IV. The Global Position
	V. The European Position
	VI. The English Common Law
	VII. Conclusion
6. Choice of Law in Determining the Ownership of Ships
	I. Introduction
	II. The Law of the Underlying Transaction
	III. The Law of the Flag
	IV. The Law of the Ship's Actual Situs
	V. Ship Arrest - Lex Fori
	VI. Conclusion
7. Private International Law and the Privy Council
	I. Introduction
	II. The Effect of Statutes
	III. Developing the Common Law
	IV. The Limits of the Common Law, and Cambridge Gas
	V. The Derivation of Rules from Statutes
	VI. The Other Side of the Coin: Trusts and Trustees
	VII. Common Laws, Private International Laws and the Privy Council
8. Bulk Goods and Title Transfer
	I. Introduction
	II. The Seller in Possession
	III. Bulk Goods and Oversales
	IV. Conclusion
9. The Duty to Take Delivery of Goods
	I. Introduction
	II. Is there a Free-Standing Take-up Duty to Accept Delivery?
	III. The Legal Basis of a Take-up Duty
	IV. A Take-up Duty: Fault-Based or Strict?
	V. The Take-up Duty: Its Application to Specific Cases
	VI. Effect of Breach of the Take-up Duty
	VII. Conclusion
10. The Vanishing Scope of the Sale of Goods Act 1979 in the Twenty-first Century
	I. Introduction
	II. Some Brief Historical Comments
	III. The Sale of Goods Act 1979
	IV. 'Transfer the Property'
	V. 'Goods'
	VI. Money Consideration
	VII. What is Left for the Sale of Goods Act 1979?
	VIII. Does it Matter?
	IX. Conclusion
11. Are there Any General Principles of Commercial Law?
	I. Introduction
	II. Is there Such a Thing as 'Commercial Law'
?
	III. Modifying Private Law Dogmas
	IV. The Leading Advocate of General Principles of Commercial Law
	V. Freedom of Contract versus Sanctity of Contract
	VI. The Limits of Party Autonomy
	VII. Party Autonomy, Certainty and Good Faith
	VIII. Facilitation, Intangible Assets and Cryptoassets
	IX. A Conclusion of Sorts
12. Mercantile Usage, Construction of Contracts and the Implication of Terms, 1750–1850
	I. Introduction
	II. Commercial Drafting Practices and Mercantile Usage
	III. Construction of Contracts
	IV. Implication of Terms
	V. Concluding Remarks
13. 'The Obscure, the Implied and the Illegal': English and French Approaches to the Interpretation of Written Contracts, Implication of Terms and Contracts Affected by Illegality
	I. Introduction
	II. Interpretation of Written Contracts
	III. Implication of Terms
	IV. Illegality
	V. Conclusions
14. The Interpretation of Written Contracts
	I. Interpretation as Initially a Type of Translation
	II. Relaxation of the Translation Approach Subject to an Ambiguity Constraint
	III. Relaxation of the Ambiguity Constraint
	IV. 'The Intention of the Parties' as the Underlying Interpretative Principle
	V. 'Intention of the Parties' and Ambiguity
	VI. 'Intention of the Parties' and Rectification
	VII. 'Intention of the Parties' and Implication of Terms
	VIII. Conclusion
15. The Boilerplate and the Bespoke: Should Differences in the Quality of Consent Influence the Construction and Application of Commercial Contracts?
	I. Introduction
	II. Boilerplate – A Short History
	III. Incorporation
	IV. Contractual Interpretation
	V. Integration: Entire Agreement Clauses
	VI. Variation
	VII. Agreement as Evidence
	VIII. Conclusion
16. Illegality: Pleading, Proof, and Presumptions
	I. Introduction
	II. The Bowmakers Rule
	III. What Sort of Rule is the Bowmakers Rule?
	IV. The Gascoigne/Chettiar Rule
	V. What Sort of Rule is the Gascoigne/Chettiar Rule?
	VI. The Gascoigne Authorities
	VII. The False Assimilation of the Two Rules in Tinsley v Milligan
	VIII. The Gascoigne/Chettiar and Bowmakers Rules Distinguished
	IX. Conclusion
17. Negotiating Damages
	I. Introduction
	II. Morris-Garner v One Step (Support) Ltd
	III. The Purpose of Negotiating Damages
	IV. The Availability of Negotiating Damages
	V. Conclusion
18. The Myth of Common Law Tracing
	I. Introduction
	II. Leading Cases
	III. The Basics of Tracing
	IV. Early Common Law Tracing Approaches
	V. The Modern Common Law Authority: FC Jones
	VI. Reasons against Adopting the Same Tracing Rules at Common Law and in Equity
	VII. Conclusion
19. Contextual and Conceptual Foundations of Private Law Claims Involving Cryptocurrencies
	I. Introduction
	II. A Brief Introduction to Cryptocurrencies
	III. Contextual Challenges
	IV. Conceptual Foundations
	V. Conclusion
20. Silence and Solidarity? The Duties of Individual Directors Minded to Speak Out about their Board's Decision-making and Governance
	I. Introduction
	II. Some High-Level Observations
	III. The Two Cases to be Studied
	IV. Stobart Group Ltd v Tinkler
	V. National Roads and Motorists'
 Association Ltd v Geeson
	VI. Returning to the Substantive Issues and Seeking Answers
	VII. Conclusions