Section 6 Flashcards
Reponsibilities of carrier under hague-visby rules under article 3.
Article 3 outlines the carrier’s obligations.
Carrier’s Obligaitons 1: To provide a seaworthy ship, states that a carrier must exercise due diligence before the start of the voyage and during loading to make the ship seaworthy, to properly man and supply the ship, and to ensure the holds are fit to receive goods.
Carrier’s Obligations 2: Care of cargo, states that the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods but the obligation to load and discharge the cargo maybe transferred to the shipper/consignee as per charter party.
Carrier’s Obligation 3: Issuance of Bill of Ladings, states that after receiving the goods into his charge, the carrier, the Master or the agent of the carrier, shall issue a bill of lading, including the following:
(a) the leading marks necessary for identification of the goods.
(b) either the number of packages or pieces, the quantity, or weight.
(c) the apparent order and condition of the goods.
Article 4.
Article 4 outlines the carrier’s rights and Immunities.
Seaworthiness, states that the carrier shall not be held liable for any loss or damage due to unseaworthiness unless it is caused by the due diligence on the part of the carrier to make the ship seaworthy. Whenever any loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or any other person claiming exemption under this article.
Acts that the carrier or ship is not responsible for
1. Act of war
2. Act of God
3. Act of public enemies
4. Act of ommission of the shipper/ Owner
5. Fire
6. Act of negligence by the Master
7. Quarantine restrictions
8. Accidents at sea
9. Riots and civil commotions
10. Attempt to safe life or property at sea.
Negligence, states that the shipper shall not be responsible for loss or damage sustained by the carrier.
Deviation, states that any reasonable deviation shall not be a breach of these Rules and the carrier shall not be liable for any loss or damage therefrom.
Description of the goods - Bill of lading details, states that unless a higher value of such goods have been pre-declared before shipment and inserted in the bill of lading, neither the carrier nor the ship shall be liable for any loss or damage for the goods amount exceeding 666.67 SDRs per package or 2 SDRs per kilogramme of gross weight of the goods lost or damaged, whichever is the higher.
However, neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided above, if it is proved that the damage resulted from an act or omission of the carrier is done with intent.
Inflammable, explosive or dangerous goods, states that goods of an inflammable, explosive or dangerous nature to the shipment where the carrier, Master or agent of the carrier has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place, destroyed or rendered innocuous by the carrier without compensation, and the shipper shall be liable for all damages and expenses as a result of the shipment.
If any such goods shipped with the knowledge and consent, if it becomes a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without any liability on the part of the carrier except to general average.
Himalaya Clause.
Establishes rights for third parties not mentioned in the contract.
Difference between ‘Under Common Law” and ‘Under the Hague/ Hague-Visby Rule’ ?
