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  • Respondent NLUO IMAM Issue

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    Sonu Mehtha
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    Caspian argues that Tawe & Cruz are liable for the full value of the converters for five reasons: [1] The Hague/Hague-Visby Rules override any inconsistent contract terms. [2] Liability should be determined under the Hague Rules appended to the 1924 Carriage of Goods by Sea Act. [3] Arguably, liability should be determined under the Hague-Visby Rules appended to the 1971 Carriage of Goods by Sea Act. [4] Arguably, if English law does not apply, the liability limit in Clause 3 is invalid under Brazilian law. [5] The respondents should lose their right to limit liability under the Hague/Hague-Visby Rules

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    Caspian argues that Tawe & Cruz are liable for the full value of the converters for five reasons: [1] The Hague/Hague-Visby Rules override any inconsistent contract terms. [2] Liability should be determined under the Hague Rules appended to the 1924 Carriage of Goods by Sea Act. [3] Arguably, liability should be determined under the Hague-Visby Rules appended to the 1971 Carriage of Goods by Sea Act. [4] Arguably, if English law does not apply, the liability limit in Clause 3 is invalid under Brazilian law. [5] The respondents should lose their right to limit liability under the Hague/Hague-Visby Rules

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    8 views1 page

    Respondent NLUO IMAM Issue

    Uploaded by

    Sonu Mehtha
    Caspian argues that Tawe & Cruz are liable for the full value of the converters for five reasons: [1] The Hague/Hague-Visby Rules override any inconsistent contract terms. [2] Liability should be determined under the Hague Rules appended to the 1924 Carriage of Goods by Sea Act. [3] Arguably, liability should be determined under the Hague-Visby Rules appended to the 1971 Carriage of Goods by Sea Act. [4] Arguably, if English law does not apply, the liability limit in Clause 3 is invalid under Brazilian law. [5] The respondents should lose their right to limit liability under the Hague/Hague-Visby Rules

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    of 1

    I.

    WHETHER TAWE & CRUZ ARE LIABLE TO CASPIAN FOR THE FULL VALUE OF THE

    CONVERTERS?
    1. It is most humbly submitted on behalf of Caspian (hereinafter referred to as ‘Claimant’) that Tawe
    & Cruz are liable to it for the full value of the converters. The same shall be dealt by the Claimant
    using following grounds: Firstly, the provisions of Hague/Hague-Visby Rules will override
    express terms of the contract which are inconsistent with them [A.], Secondly, Relevant liability
    ought to be dealt as per the Hague Rules appended to the Carriage of Goods by Sea Act 1924 [B.]
    Arguendo Thirdly, Relevant liability should be fixed under Hague-Visby Rules appended to the
    Carriage of Goods by Sea Act 1971. [C.]. Arguendo Fourthly, if application of English law/Hague
    Rules is not accepted, limit of liability as per Clause 3 is invalid in the eyes of Brazilian Law [D.].
    Lastly, Respondents should lose their right to limit liability under Hague/Hague Visby Rules as
    well [E.].

    A. THE PROVISIONS OF HAGUE/HAGUE-VISBY RULES WILL OVERRIDE EXPRESS TERMS OF THE

    CONTRACT

    2.
    B. RELEVANT LIABILITY OUGHT TO BE DEALT AS PER THE HAGUE RULES APPENDED TO THE

    CARRIAGE OF GOODS BY SEA ACT 1924


    3.
    C. ARGUENDO, RELEVANT LIABILITY SHOULD BE FIXED UNDER HAGUE-VISBY RULES APPENDED

    TO THE CARRIAGE OF GOODS BY SEA ACT 1971


    4.
    D. ARGUENDO, APPLICATION OF ENGLISH LAW/HAGUE RULES IS NOT ACCEPTED, LIMIT OF

    LIABILITY AS PER CLAUSE 3 IS INVALID IN THE EYES OF BRAZILIAN LAW

    5.
    E. RESPONDENTS SHOULD LOSE THEIR RIGHT TO LIMIT LIABILITY UNDER HAGUE/HAGUE VISBY
    RULES AS WELL

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