Category: Law of The carriage of Goods by Sea

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Time Limit for Claims and Financial Limitations On Carriers’ Liability Under The Rules

Time Limit For Claims And Financial Limitations On Carriers’ Liability Under The Rules 1. Time limit for claims The third paragraph of Art. III, r.6 provides that the carrier and the ship: “…shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of...


Hague-Visby Rules III

Hague-Visby Rules III – The Carrier’s Defences 1. ‘Due Diligence’ Defence Under Art. IV, r.1 This is not a defence, strictly speaking, since if due diligence is shown, the primary duty of the carrier under Art. III, r.1 has been discharged. In general, we can only speculate as to why it was thought necessary to...


Hague-Visby Rules II

Hague-Visby Rules II – The Carrier’s Duties 1. Period Covered By The Rules Under the terms of Art. II, carriers are subject to the responsibilities and liabilities set out in the Rules ‘under every contract of carriage of goods by sea’ in relation to the loading, handling, stowing, carriage, custody, care and discharge of the...


Hague-Visby Rules I

Hague-Visby Rules I –Contracts To Which The Rules Apply 1. Contract Of Carriage ‘Covered By A Bill Of Lading’ The great case of Pyrene v Scindia raised the question of the scope of the Rules in acute form. A fire tender sold FOB (‘free on board’) was being loaded by the ship’s tackle on to...


Employment And Indemnity

Employment And Indemnity  Orders as regards employment Employment refers to the employment of the ship (i.e. what voyages she is to undertake and what cargoes to carry). Time charterers are under the same obligations to nominate safe ports and to load non-dangerous cargo as voyage charterers. The charterer’s right to give orders and directions under...


Hire, Remedies for Non-Payment, ‘Off-Hire’ Clauses, Deductions from Hire and Liens on Freight and Sub-Freight  

Hire, Remedies For Non-Payment, ‘Off-Hire’ Clauses, Deductions From Hire And Liens On Freight And Sub-Freight 1. Mode And Time Of Payment Hire is invariably made payable in advance: every calendar month (SHELLTIME 4, clause 9) every 30 days (BALTIME 1939 (as revised 2001), Box 20 and clause 6) every 15 days (NYPE 93 and NYPE...