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The promise of BI to help society advance preventative medicine and healthcare versus sick care is just starting(16) to be tapped. Looking to the future, what are three breakthroughs in preventative health you predict will come about because of the use of BI? (Explain your choices). Cite your workOn 18th January 2021, Down Under Pty Ltd (“DU”), a large seller and distributor of bakery products and ingredients based in Sydney, entered into a sale and purchase contract of 2,300 packages of “Uncle Roger’s Kaya Jam” with a manufacturer based in Singapore, Jim & Jam Pte Ltd (Jim & Jam). The contract was based on FOB terms at the price ofUS$30,000. Following this, on 20th January 2021, DU entered into a voyage charter party with Forever Friendship Pte Ltd (“Forever Friendship”) for a ship Forever Harmony to carry these 2,300 packages of “Uncle Roger’s Kaya Jam” from Singapore to Sydney. The charter party contained a “Law and Jurisdiction” clause which states: “This charter party shall be governed by Australian law. Any dispute arising out of or in connection with this charter party, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by a court in Australia”. However, Forever Friendship has never been a true owner of the ship Forever Harmony. Instead, Forever Friendship acquired the ship through a three-year time charter party with Bright Fortune Limited (“Bright Fortune”), a ship-owning company based in the United Kingdom. The time charter party between Forever Friendship and Bright Fortune contained a “Law and Jurisdiction” clause as follows: “This charter party shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this charter party, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in London. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) terms current at the time when the arbitration proceedings are commenced”. On 27th January 2020, Jim & Jam delivered 2,300 packages of “Uncle Roger’s Kaya Jam” to the ship Forever Harmony at the Port of Singapore. The bills of lading dated 27th January 2020 were issued and signed by the charterer’s agent on behalf of Master of Forever Harmony. The bills of lading were in the standard form of Forever Friendship, with logo of Forever Friendship ojn the front page. Clause 1 on the reverse side of each bill of lading states: “Terms and conditions of the charter party dated [ ] are incorporated into this bill of lading” while Clause 2 also on the reverse side states: “The contract evidenced by this Bill of Lading is between the merchant and the owner of the vessel named herein. It is therefore agreed that the said shipowner shall be liable for any damage or loss due to any breach or non-performance of any obligation arising out of the contract of carriage whether or not relating to the vessel’s unseaworthiness. It is further understood and agreed that the company or agent who has executed the Bill of Lading for and on behalf of master is not a principal in the transaction and the said company or agent, shall not be under any liabilities arising out of the contract of carriage, nor as a carrier or bailee of the goods”. In Box 4 of the bills of lading states: “Shipment in good order and condition. Thecargo must be carried at 18.3 degree Celsius throughout”. The ship Forever Harmony arrived at the port of Sydney on 24th February 2021. DU brought the bill of lading to receive the shipment. Upon examination by an authorised representative from DU, however, all these 2,300 packages of “Uncle Roger’s Kaya Jam” were in damaged condition. According to the joint survey reported from a surveyor jointly appointed by DU and Jim & Jam, the damage was caused by the fact that all these 2,300 packages of “Uncle Roger’s Kaya Jam” were stored at the temperature of -18.3 throughout the voyage. This was because the Master mis-read the information on the front page of the bills of lading and the Master also mis-read the instruction sent to him by email from Jim & Jam. DU commenced proceedings against Bright Fortune before the Federal Court of Australia. Bright Fortune, on the other hand, argued that it is not a carrier in this situation and instead DU should have sued Forever Friendship. Alternatively, even if Bright Fortune is a carrier, DU is bound to arbitrate in London. In any event, Bright Fortune is not liable for the damage to the shipment. Discuss whether Bright Fortune’s arguments are sound and reasonable. If you are a legal counsel for DU, what advice will you give to DU on how to proceed with the matter? Please answer in IRAC formatOn 18th January 2021, Down Under Pty Ltd (“DU”), a large seller and distributor of bakery products and ingredients(17) based in Sydney, entered into a sale and purchase contract of 2,300 packages of “Uncle Roger’s Kaya Jam” with a manufacturer based in Singapore, Jim & Jam Pte Ltd (Jim & Jam). The contract was based on FOB terms at the price ofUS$30,000. Following this, on 20th January 2021, DU entered into a voyage charter party with Forever Friendship Pte Ltd (“Forever Friendship”) for a ship Forever Harmony to carry these 2,300 packages of “Uncle Roger’s Kaya Jam” from Singapore to Sydney. The charter party contained a “Law and Jurisdiction” clause which states: “This charter party shall be governed by Australian law. Any dispute arising out of or in connection with this charter party, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by a court in Australia”. However, Forever Friendship has never been a true owner of the ship Forever Harmony. Instead, Forever Friendship acquired the ship through a three-year time charter party with Bright Fortune Limited (“Bright Fortune”), a ship-owning company based in the United Kingdom. The time charter party between Forever Friendship and Bright Fortune contained a “Law and Jurisdiction” clause as follows: “This charter party shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this charter party, including any questionregarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in London. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) terms current at the time when the arbitration proceedings are commenced”. On 27th January 2020, Jim & Jam delivered 2,300 packages of “Uncle Roger’s Kaya Jam” to the ship Forever Harmony at the Port of Singapore. The bills of lading dated 27th January 2020 were issued and signed by the charterer’s agent on behalf of Master of Forever Harmony. The bills of lading were in the standard form of Forever Friendship, with logo of Forever Friendship ojn the front page. Clause 1 on the reverse side of each bill of lading states: “Terms and conditions of the charter party dated [ ] are incorporated into this bill of lading” while Clause 2 also on the reverse side states: “The contract evidenced by this Bill of Lading is between the merchant and the owner of the vessel named herein. It is therefore agreed that the said shipowner shall be liable for any damage or loss due to any breach or non-performance of any obligation arising out of the contract of carriage whether or not relating to the vessel’s unseaworthiness. It is further understood and agreed that the company or agent who has executed the Bill of Lading for and on behalf of master is not a principal in the transaction and the said company or agent, shall not be under any liabilities arising out of the contract of carriage, nor as a carrier or bailee of the goods”. In Box 4 of the bills of lading states: “Shipment in good order and condition. The cargo must be carried at 18.3 degree Celsius throughout”. The ship Forever Harmony arrived at the port of Sydney on 24th February 2021. DU brought the bill of lading to receive the shipment. Upon examination by an authorised representative from DU, however, all these 2,300 packages of “Uncle Roger’s Kaya Jam” were in damaged condition. According to the joint survey reported from a surveyor jointly appointed by DU and Jim & Jam, the damage was caused by the fact that all these 2,300 packages of “Uncle Roger’s Kaya Jam” were stored at the temperature of -18.3 throughout the voyage. This was because the Master mis-read the information on the front page of the bills of lading and the Master also mis-read the instruction sent to him by email from Jim & Jam. DU commenced proceedings against Bright Fortune before the Federal Court of Australia. Bright Fortune, on the other hand, argued that it is not a carrier in this situation and instead DU should have sued Forever Friendship. Alternatively, even if Bright Fortune is a carrier, DU is bound to arbitrate in London. In any event, Bright Fortune is not liable for the damage to the shipment. Discuss whether Bright Fortune’s arguments are sound and reasonable. If you are a legal counsel for DU, what advice will you give to DU on how to proceed with the matter?