Category: International conventions regulating the rights and obligations of the parties to the bill of lading contract

Home International conventions regulating the rights and obligations of the parties to the bill of lading contract
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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...

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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...

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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...

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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...