Period of liability of carrier

Basis of liability

Exemption of liability
Limits of liability (the maximum
amount of compensation that the
carrier compensates to the cargo
owner for any loss or damage
incurring during the period of
liability of carrier based on the
basis of liability (được quy định
trong trách nhiệm của người
chuyên chở)

Time Bar For Claim

Time Bar For Declaiming Status of
Loss
Scope of Application
 Hague 1924

Tackle from tackle:

Art 1.e

Only regulate the B/L, ignoring other documents.

- Còn lại thì giống Hague & Visby

- Nguyên cái Art 4

(*) Theo art 4 thì burden of proof của các exception sẽ do
the person claiming the benefit of this exception đưa ra.
Art 4.5: Neither the carrier nor the ship shall in any event
be or become liable for any loss or damage to or in
connexion with goods in an amount exceeding 100 pounds
sterling per package or unit, or the equivalent of that sum
in other currency unless the nature and value of such goods
have been declared by the shipper before shipment and
inserted in the bill of lading.
(*): Package means a pallet, a case ... and a container
(including all size).
(*) Unit: dùng cho hàng bulk or break bulk -> 1 MT hoăc
các đơn vị quốc tế khác.
(*) Theo art 9: thì the monetary units mentioned in this
Convention are to be taken to be gold value.
Ex: 1 ounce of gold = 10 £ => 100£ = 10 ounce of gold
15 local currency = 1 ounce => 1£ = 1.5 local currency
 Hague & Visby 1968

Tackle from Tackle

Art 1.e

Art 3 (3 liability):
1. The carrier shall be bound before and at the beginning of the voyage to exercise
due diligence (trách nhiệm cần mẫn hợp lí) to:
(a) Make the ship seaworthy (khả năng đi biển - in a good enough condition to sail
on the sea).
(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, stow, carry, keep, care for, and discharge the goods carried. (Commercial
liability - trách nhiệm thương mại)
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

- Nguyên cái Art 4

(*) Theo art 4 thì burden of proof của các exception sẽ do the person claiming the
benefit of this exception đưa ra.
Art 4.5: (a)Unless the nature and value of such goods have been declared by the
shipper before shipment and inserted in the bill of lading, neither the carrier nor the
ship shall in any event be or become liable for any loss or damage to or in connection
with the goods in an amount exceeding the equivalent of 666.67 units of account
per package or unit or 2 units of account per kilo of gross weight of the goods
lost or damaged, whichever is the higher.
-> Unit of account: SDR: Special Drawing Right ko dùng để mua hàng hóa, có thể
đổi thành local currency để tính tiền.
(c) Where a container, pallet or similar article of 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.
- Trong trường hợp mất cả công thì carrier không đền bù công bất kể là công
của ai
- Không đề cập đến late in delivery.
 Hamburg 1978

CY to CY (Art 3) => wider range of responsibility

Art 5: The carrier is liable for loss resulting from loss of or damage to the
goods, as well as from delay in delivery, if the occurrence which caused the
loss, damage or delay took place while the goods were in his charge as
defined in article 4, unless the carrier proves that he, his servants or agents
took all measures that could reasonably be required to avoid the occurrence
and its consequences.

Không có exception tuy nhiên nếu Carrier chứng mình được như Art 5 thì sẽ
được miễn trách nhiệm
Art 6: The liability of the carrier for loss resulting from loss of or damage to goods
according to the provisions of article 5 is limited to an amount equivalent to 835
units of account per package or other shipping unit or 2.5 units of account per
kilogram of gross weight of the goods lost or damaged, whichever is the higher.
Art 26.2. Nevertheless, those States which are not members of the International
Monetary Fund and whose law does not permit the application of the provisions of
paragraph 1 of this article may, at the time of signature, or at the
time of ratification, acceptance, approval or accession or at any time thereafter,
declare that the limits of liability provided for in this Convention to be
applied in their territories shall be fixed as 12,500 monetary units per package or
other shipping unit or 37.5 monetary units per kilogram of gross
weight of the goods.
- Trong trường hợp mất công, nếu công không phải là công của carrier hoặc
carrier cho mượn thì công bị mất sẽ được tính là 1 unit. (+1 nếu tính theo
package)
- Late in delivery: The liability of the carrier for delay in delivery according to the
provisions of article 5 is limited to an amount equivalent to two and a half
times the freight payable for the goods delayed, but not exceeding the total
freight payable under the contract of carriage of goods by sea.
VD: giao 5 package, muộn 2 cái, phí giao 500$ (1 pack là 100$) => compensation =
100$*2*2.5 = 500.
VD2: giao 5 package, muộn 3 cái, phí giao 500$ (1pack là 100$) => compensation
= 100$*3*2.5 = 750$ > 500$ ban đầu => chỉ bù 500$