Lecture 8 Flashcards
What are the carrier’s obligations under HVR?
Perform the voyage (A to B).
Make the ship seaworthy (Art. 3.1 HVR).
Properly care for the cargo (Art. 3.2 HVR).
What is ‘due diligence’ under HVR?
The carrier’s obligation to ensure the ship is fit for the voyage before and at the beginning of the voyage.
What are the different categories of exemptions under HVR?
Nautical fault, Fire, Perils of the sea, Acts of the shipper, Insufficiency of packing, Inherent defect, Quality or vice of goods.
What is the ‘Q-Clause’ under Art. 4.2 HVR?
General force majeure defense: Any cause arising without the actual fault or privity of the carrier.
What is seaworthiness?
The ship must be fit to carry the cargo safely, considering ordinary perils of the voyage.
What are the exemptions related to ‘unseaworthiness’?
Carrier is not liable if due diligence was exercised to make the ship seaworthy (Art. 4.1 HVR).
What is the ‘Nautical Fault’ exemption?
Errors in navigation or management of the ship (Art. 4.2.a HVR).
What are ‘perils of the sea’?
Fortuitous events characteristic of carriage by sea (e.g., storms, waves).
What is the significance of ‘Volcafe [2018] UKSC 61’?
Carrier’s burden to prove adequate care was taken, especially with goods that have inherent defects.
What is the ‘Tackle-to-Tackle’ period?
The period during which the carrier’s responsibilities apply, typically from loading to discharge.
What is the ‘overriding obligation’ doctrine?
Some jurisdictions consider unseaworthiness to override specific exemptions if the carrier fails to prove due diligence.
What is the burden of proof under the HVR?
Constantly shifts between cargo interests and the carrier.
Important Cases:
The CMA CGM Libra [2021] UKSC 51: Recognized documentary unseaworthiness.
Volcafe [2018] UKSC 61: Inherent vice and burden of proof for the carrier.
