Name Student number:

Nguyễn Thị Phương Trúc 1601015552

Châu Ngọc Hoa Thy 1601015505

COMPARISON CARRIER’S RESPONSIBILITY UNDER 3 RULES:

Hague 1924 Hague-Visby 1968 Hamburg 1978

Time "Carriage of goods" covers the period from the The responsibility of the carrier for
time when the goods are loaded on to the time the goods under this Convention
they are discharged from the ship. (from covers the period during which the
tackle to tackle)
carrier is in charge of the goods
at the port of loading (from the
time he has taken over the goods
from the shipper) , during the
carriage and at the port of
discharge (until he has delivered
the goods by handing over the
goods to the consignee).

Basis of - 3 Main Obligations: - 2 Main Obligations:

liability 1. The carrier shall be bound before and at Presumed Fault or Neglect
the beginning of the voyage to exercise due
diligence to:
(a) Make the ship seaworthy.
(b) Properly man, equip and supply the ship.
(c) 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.
2. Subject to the provisions of Article 4, the
carrier shall properly and carefully load, handle, claimant to have resulted from the
stow, carry, keep, care for, and discharge the
goods carried.
3. After receiving the goods into his charge the
carrier or the master or agent of the carrier
shall, on demand of the shipper, issue to the
shipper a Bill of Lading.
- 17 Exclusions:
(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.
Obligation
The carrier is liable
(i) for loss of or damage to the
goods or delay in delivery caused
by fire, if the claimant proves that
the fire arose from fault or neglect
on the part of the carrier, his
servants or agents;
(ii) for such loss, damage or delay
in delivery which is proved by the
fault or neglect of the carrier, his
servants or agents in taking all
measures that could reasonably
be required to put out the fire and
avoid or mitigate its
consequences.
-3 Exclusions:
1. With respect to live animals, the
carrier is not liable for loss,
damage or delay in delivery
resulting from any special risks
inherent in that kind of carriage. If
the carrier proves that he has
 (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 or 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 or 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
actual fault or neglect of the agents or servants
of the carrier, but the burden of proof shall be
on the person claiming the benefit of this
exception to show that neither the actual fault or
privity of the carrier nor the fault or neglect of
the agents or servants of the carrier contributed
to the loss or damage.
complied with any special
instructions given to him by the
shipper respecting the animals and
that, in the circumstances of the
case, the loss, damage or delay in
delivery could be attributed to such
risks, it is presumed that the loss,
damage or delay in delivery was
so caused, unless there is proof
that all or a part of the loss,
damage or delay in delivery
resulted from fault or neglect on
the part of the carrier, his servants
or agents.
2. The carrier is not liable, except
in general average, where loss,
damage or delay in delivery
resulted from measures to save
life or from reasonable measures
to save property at sea.
3. Where fault or neglect on the
part of the carrier, his servants or
agents combines with another
cause to produce loss, damage or
delay in delivery, the carrier is
liable only to the extent that the
loss, damage or delay in delivery
is attributable to such fault or
neglect, provided that the carrier
proves the amount of the loss,
damage or delay in delivery not
attributable thereto.

Limitation - Loss, damage: - Lost, damage: - Lost, damage

An amount + An amount exceeding + 835 units of account per
exceeding 100 the equivalent of 10,000 package or other shipping unit or
pounds sterling per francs per package or 2.5 units of account per kilogram
package or unit, or unit or 30 francs per kilo of gross weight of the goods lost or
the equivalent of of gross weight of the damaged, whichever is the higher.
that sum in other goods lost or damaged, + Where a container: same as
currency whichever is the higher Hague Visby 1968
- Delay in delivery: (A franc means a unit - Delay in delivery: two and a half
not mentioned consisting of 65.5 times the freight payable for the
milligrammes of gold of goods delayed, but not exceeding
millesimal fineness 900'). the total freight payable under the
+ Where a container: contract of carriage of goods by
pallet or similar article of sea.
transport is used to
consolidate goods, the
number of packages or
units enumerated in the
Bill of Lading as packed
in such article of
transport shall be
deemed the number of
packages or units for the
purpose of this
paragraph as far as
these packages or units
are concerned. Except as
aforesaid such article of
transport shall be
considered the package
or unit.
- Delay in delivery: not
mentioned