On September 1, 2015 Road Hauliers was engaged by Vegetable Growers to transport 10,000 kilograms of oriental vegetables from Singapore to London, England. Road Hauliers transported the oriental vegetables by road vehicle from Singapore to Beijing, China. At Beijing the road vehicle was driven onto a cargo airplane which flew from Beijing, China to Paris, France. At Paris the road vehicle was driven off the cargo airplane and by road to Calais, France. At Calais the road vehicle was driven onto a cargo ship which sailed from Calais to Dover, England. At Dover the road vehicle was driven off the cargo ship and by road to London, England, the final destination of the oriental vegetables. There was no delay in the transportation of the oriental vegetables by Road Hauliers. It was entirely accomplished by means of roll-on, roll-off haulage. The actual value of the oriental vegetables was not declared by Vegetable Growers; however, the currency of both the international sale of goods contract and the contract of affreightment were expressed in British Pound Sterling (UK£).
Assume The Following Facts:
(1) China and France have both ratified the Montreal Convention;
(2) France and the UK have both adopted the Hague Visby Rules in their respective COGSAs;
(3) the UK has adopted the CMR Convention in its national legislation.Ignore any limitation period, if applicable.
Further assume that when the oriental vegetables arrived in London that 25% of them had spoiled and could not be used for human consumption.
What Remedies, If Any, Do The British Grocery Chains Have And Against Whom If:
The fruit was spoiled from Singapore to Beijing?
The fruit was spoiled from Beijing to Paris?
The fruit was spoiled from Paris to Calais?
The fruit was spoiled from Calais to Dover?
The fruit was spoiled from Dover to London?