The System of Liability of Articles III and IV of the Hague (Visby) Rules

Front Cover
Uitgeverij Paris, 2008 - Bills of lading - 240 pages
This 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
Copyright

5
178

Common terms and phrases

Bibliographic information