The System of Liability of Articles III and IV of the Hague (Visby) RulesThis book contains a study of the system of liability under the Hague and Hague Visby Rules. The application of the Rules under American, English and Dutch law and incidentally Australian and Canadian law is researched to determine if the Rules are construed and applied uniformly. Where it is found that there are differences in the way a Rule is applied the intended construction of the Rule is established After a chapter on the construction of the Rules, the duties of the carrier contained in article III(1) and III(2) are discussed. Some of the most important exceptions of article IV and the relationship between those exceptions and the duties of the carrier are discussed in two separate chapters. There is also a chapter on the division of the burden of proof. The book ends with a chapter containing the conclusions derived from the comparative legal research throughout the book. A summary is included in English and Dutch. |
Contents
Researched legal systems | 19 |
Duties of the carrier | 37 |
The relationship between the duties of the carrier and the exceptions | 67 |
5 | 74 |
7 | 82 |
4 | 137 |
Royers system | 164 |
The burden of proof under the HVR in general | 172 |
4 | 184 |
5 | 190 |
Hague Visby Rules | 197 |
Harter Act | 205 |
Carriage of Goods by Sea Act 1936 | 207 |
Bibliography | 225 |
Curriculum vitae | 239 |
5 | 178 |
Common terms and phrases
9th Circuit actual fault agents apply Article bill of lading Boonk Bunga Seroja burden of proof Canadian cargo damage cargo interests carrier Carver caused by unseaworthiness chapter clause COGSA common law constitute a peril contained in art contract of carriage Court of Appeal damage caused damage was caused decision District Court Dutch law duty contained duty to exercise emphasis added English law event excepted peril exemption exercise due diligence fault or privity fire exception Fire Statute fire was caused Hague Rules Hague Visby Harter Act judgement lack of due liability Lloyd’s Lloyd's Rep Lord Lord Steyn loss or damage Maxine Footwear meaning Muncaster Castle navigation negligence non-fulfilment overriding obligation owner port properly and carefully prove provide a seaworthy Quo Vadis reason rely responsible Royer Schadee Schoenbaum seaworthy ship servants ship seaworthy shipowner shipper Sunkist Growers supra Tetley tion Travaux Préparatoires UNCITRAL unforeseeable vervoerder vessel voyage words