Hague-Visby Rules

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

The Hague–Visby Rules were adapted after the Brussels Amendments of 1968 (officially the "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading") originally from " The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading 1924 (Hague Rules)" . International Convention for the Unification of Certain Rules of Law relating to Bills of Lading 1968 comes out from the model of The Harter Act 1892

Based on the above case, Roppa Co do not have the rights in case of having difficulty during transit. This is because Roppa Co as a shipper company had followed the duties of shipper which is notice Jerry Ltd. about to ship dangerous goods (a chemical that contained radioactive substances). Under common law, there is a general responsibilities implied into bills of lading for a charter not to transport dangerous goods without any notice or declaration. Where goods are dispatched without notice of

The Hague rules had many imperfections, which highlights its change to the later amended 1971 Hague-Visby rules. One of the many weaknesses of the Hague rules was that in article X “The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States”. According to Hasan ZB and Nazli I (2007). Shipment from ports not in the contracting states to any port in contracting states. The Hague Rules do not apply but rather the law of the country from where the goods

how meticulously drafted, all contracts will contain implied terms. These terms will not be expressly written in to a contract but arise in the absence of stipulation to the contrary . However, in contracts of affreightment ruled by The Hague or Hague Visby Rules, the extent and utilisation of some of these common law implied obligations will be altered leading to a restriction in the express terms negotiating parties, the ship owner and a charterer, are permitted to eliminate or amend. The case

The Theatre of Wine, in Greenwich, London, United Kingdom Shipowners/Shippers: Carry Carefully, South Africa The copy of B/L is attached. A. 1. for the carriage of a consignment of wine from South Africa (which has incorporated the Hague-Visby Rules, under its own Carriage of Goods by Sea Act 1986) to London (the UK). 2. The wine was shipped and the master issued a clean straight bill for the goods, which contained a "no liability for loss or damage caused by negligent preparation of the

INTERNATIONAL CARRIAGE OF GOODS WHOLLY OR PARTLY BY SEA (ROTTERDAM RULES) – THE LONG AWAITED RESCUE FOR INTERNATIONAL TRADE OR ANOTHER WASTED ATTEMPT? CHAPTER I INTRODUCTION 1.1 THE NECESSITY TO MODERNISE THE TRADE LAW At the time of writing the international trade or to be more precise, international carriage of goods by sea is governed mainly either by already existing international regimes known as Hague, Hague – Visby and Hamburg Rules or the national regimes which are evolved as hybrids of the aforementioned

told the carrier of the hazardous nature of the load, the shipper cannot be absolved from risk in the event that he is careless in satisfying obligations on his part and neglecting to take important precautions. 4.5 Extent of Liability Hague/Hague-Visby Rules Article IV/6 contains that ’’… the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment…’’ Does the expression ' 'directly or indirectly ' ' subject to the

The Theatre of Wine, in Greenwich, London, United Kingdom Shipowners/Shippers: Carry Carefully, South Africa The copy of B/L is attached. A. 1. for the carriage of a consignment of wine from South Africa (which has incorporated the Hague-Visby Rules, under its own Carriage of Goods by Sea Act 1986) to London (the UK). 2. The wine was shipped and the master issued a clean straight bill for the goods, which contained a "no liability for loss or damage caused by negligent preparation of the

However, if the carrier was found to be at fault the possible remedies against them is contained in Article IV s5 ssa of the Hague-Visby rules: “Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection