CAREER'S LIABILITY

Carrier's Liability

Carrier's Liability

The regime of carrier's liability under the Hamburg rules is far more stringent than that under the Hague-Visby Rules.Usually, a contract is described on the grounds of the obligations which the parties have to adhere to. Such a definition is not contained in the The Hague-Visby rules, and it just links the idea of contract of carriage to a document that is issued under the bill of lading. It is due to this reason that it has been stated that they have accepted an approach that is documentary.

The definition of contract of carriage which is present in the Hamburg rules, is quite different with regards to the way it defines the carrier's obligations, by stating it is only the carriage of goods by sea from one particular port to another. The Hamburg Rules specifically do not include the carriage by different modes other than sea if the contact includes carriage by other modes (Güner-Özbek, 2007, pp. 195).

Liability of the carrier

The statements of the Hague-Visby Rules and Hamburg Rules according to the law are as follows, in terms of the Articles that have been devised:

Hague-Visby Rules

Hamburg Rules

Article 4

1.Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III. Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.

2.Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:

(a)Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.

(b)Fire, unless caused by the actual fault or privity of the carrier.

(c)Perils, dangers and accidents of the sea or other navigable waters.

(d)Act of God.

(e)Act of war.

(f)Act of public enemies.

(g)Arrest or restraint of princes, rulers or people, or seizure under legal process.

(h)Quarantine restrictions.

(i)Act or omission of the shipper or owner of the goods, his agent or representative.

(j)Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general.

(k)Riots and civil commotions.

(l)Saving or attempting to save life or property at sea.

(m)Wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the goods.

(n)Insufficiency of packing.

(o)Insufficiency or inadequacy of marks.

(p)Latent defects not discoverable by due diligence.

(q)Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming ...