Say after slide #4

A. show that the good where transport in good faith in safe and good

condition.

B. Show that there was or is a contractual negation between shipper

and carrier.

C. State the lawful owner of the cargo.

The contract of carriage of good by sea is cover by any documents of title or the B/L.

The b/l is associated with carriage of good by sea

article X clearly states which contracts the b/l is applicable in:

If the b/l is issued in a state where The Hague Visby rule is ratified (force statue)

If both parties agree to use the b/l that The Hague Visby rules will apply to it.

Say after slide #5

International Convention for the Unification of Certain Rules relating to bills of lading, (Hague

Rules) was drafted and signed by major trading nations in August 1924, Brussels. In general, The

Hague Visby rules give greater bargaining power to the carrier than the shipper. However, to

protect the interests of the shipper/cargo-owner, the law imposes some minimum affreightment

obligations upon the carrier.

The Hague Rules were introduced, because parties to a COA had privilege to negotiate terms

they wanted and that would benefit them. This often led to wide-reaching rejections of liability

by sea carriers who could take advantage of their stronger bargaining position. The Rules

attempted to make a balance between the conflicting interests of maritime nations and trading

nations, to bring forth a form of uniformity regarding the carriage of goods by sea.

Say before slide #8 beginnings

Article II is a statement that carrier cannot shy away from his responsibilities as set out in the

articles of The Hague Visby rules.

Say in slide #12

Such as:

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

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

Act of God.

Say after slide #13

This duty extends throughout the voyage and implies a greater degree of care than exercising

“due diligence”. Article III paragraph 2 clearly indicates the duties of the carrier. In respect to

making the holds, refrigerating and cool chambers, and all other parts of the ship in which the

goods are carried fit and safe for their reception, carriage and preservation.
Say after slide #17

General average is a long established rule in maritime law. Defined as authoritative ‘All loss

which arises in consequence of extraordinary sacrifices made or expenses incurred for the

preservation of the ship and cargo come within general average and must be borne

proportionately by all who are interested’.