Murdoch University Research Repository

Welcome to the Murdoch University Research Repository

The Murdoch University Research Repository is an open access digital collection of research
created by Murdoch University staff, researchers and postgraduate students.

Learn more

Corporate Morality and Commercial Maritime Contracts: Considering the impact of the Trade Practices Act 1974 (Australia), s 52 on carriage of goods by sea

Lewins, K.ORCID: 0000-0001-5276-2777 (2004) Corporate Morality and Commercial Maritime Contracts: Considering the impact of the Trade Practices Act 1974 (Australia), s 52 on carriage of goods by sea. Lloyds Maritime and Commercial Law Quarterly (2).

Abstract

Certainty is of great importance in carriage of goods by sea and other commercial maritime contracts. A complex web of interlinking contracts, Conventions and legal fictions underpin the relationships and liabilities of the various parties involved. It is a stated aim of the courts to interpret and enforce contracts and international Conventions 1 in a manner that provides certainty in commercial circles. 2 So it may come as a surprise that commercial contracts such as these, built on principles of lassez faire and interpreted by courts seeking to deliver commercial certainty, may be neutralized by an Australian statute whose aim is (in part) to encourage fair trade and develop corporate morality. Corporate morality and commercial maritime contracts are two expressions which are not often uttered in the same breath. And yet there is, or should be, a growing realization that s 52 of the Trade Practices Act 1974 (Cth) (‘‘TPA’’) does have an impact on * Senior Lecturer in Law, Murdoch University, Perth, Australia. 1. Eg, ‘‘It has been recognised that a national court, in the interests of uniformity, should construe rules formulated by an international convention, especially rules formulated for the purpose of governing international transactions such as carriage of goods by sea in a normal manner, appropriate for the interpretation of an international convention, unconstrained by technical rules of English law or by English legal precedent, but on broad principles of general acceptation’’: Shipping Corp. of India Ltd v. Gamlen Chemical Co (A/Asia) Pty Ltd (1980) 147 CLR 142, 159 (Mason & Wilson JJ). 2. See eg Federal Commerce and Navigation Co Ltd v. Tradax Export SA (The Maratha Envoy) [1978] AC 1, 8, per Lord Diplock. 197

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: Lloyds
URI: http://researchrepository.murdoch.edu.au/id/eprint/54571
Item Control Page Item Control Page