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Hague Rules, Hague-Visby Rules and Hamburg Rules

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RULES GOVERNING SHIPMENT BY SEA:
HAGUE RULES, HAGUE-VISBY RULES AND HAMBURG RULES
The nature of the Hague-Visby Rules was discussed by the House of Lords in The Hollandia [1983] AC 565 (HL). The plaintiffs (shippers) shipped a piece of road-finishing machinery on board a Dutch vessel, ‘The Morviken’, belonging to the defendant carriers to Bonaire in the Dutch West Indies. The bill of lading issued in England limited the carriers liability to Dutch Florins 1,250 ($250) which was less than the 10,000 Francs per package prescribed under Article IV rule (5)(a) of the Hague-Visby Rules. The 10,000 Francs is an increase from the 100pound fixed under the Hague Rules. In addition, the bill of lading carried an express clause submitting the …show more content…

Where the goods are in units, such as when the goods are cereals, liquids, or bulk goods, the units are reckoned according to the unit which is used to calculate the freight, such as, by cubic feet or by gallons. Each such unit will be used for the purpose of calculating the limitation upon the quantum of damages that is payable, under Article IV Rule 5.
The value of the goods is fixed according to the value of the goods at the relevant, time and place at which they were discharged according to the contract. The value is calculated according to the commodity exchange price prevailing at the relevant time and place. If such a price is not available, then the market price may be taken. If this too is not available, then the normal value of the goods of the same kind and quality is taken. Article IV Rule 5 recognises a right in the cargo owner to override the aforementioned limitation of liability, by declaring, before shipment, the nature and the value of the goods shipped, and having that declaration recorded on the bill of lading. Such a declaration puts the ship owner, as the carrier of the cargo, on notice, of the precise nature of the goods and their value. It also puts the ship owner on notice that the cargo owner does not consider that he is bound by the limitation of liability stated in the Hague-Visby Rules. In such a situation the cargo owner will be able to claim the full value of his loss.
Third, under the Hague Rules, the carrier who

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