Question

ou have been asked to prepare a worksheet for trainees about the Hague Visby Rules Exceptions to Liability. a) Explain, with examples, how FIVE of the 17 exceptions build upon the common law exceptions applicable to every carriage. b) Briefly analyze the situations under which a carrier will not be able to rely on a listed exception.

Answer 1

Article IV of Hague Visby Rules grants seventeen exceptions from liability to the carrier.They are as follows.

1. An act of negligence or default by the mariner ,pilot,master or any servants of the carrier during the navigation and management of the ship

2. A fire accident unless otherwise caused by the actual fault or privity of the carrier

3. The dangers ,perils and accidents of the Sea

4. An act of God

5. An act of War

6. An act of Public enemies

7. An arrest or restraint of rulers /princes or people , or any seizure proceedings under legal processes

8. The regulation of Quarantine

9. An act or omission of shipper or owner ,his representatives or agents

10. A strike ,lockout , stoppage or restraint of labour.

11. A riot or commotion

12. An act ; attempting to save a life or property at the sea

13. Wastge in bulk or any other loss or damage due to inherent defect or vice of the cargo.

14. Insufficient packaging

15. Inadequate marks for identification

16. Defects not detectable by due diligence

17. Any other cause arising without an actual fuat or privity of the carrier or agnets or the crew.

a. The common law exceptions are (3,4,6,12,13)

Examples for the above common law exceptions are

3.An accident due to storm, collision with any other sea objects or damges due to any other accidents

4.Abrupt change in climatic conditions which couldn’t be predicted by the mariner

6. An damage or theft of the carrier which intentionally carried out by any of the enemy for political or financial gain

12.A damage caused during saving a child when he or she gor trapped in the water

13. A bulk rejection of the cargo due to the some material property defect for instance if its an aluminium alloy of 6XXX series , the shipped alloy was of 1XXX series which is very prone to dmaages during the shipment process as it is a soft alloy

b. The carrier cannot rely on th listed exception in stuations like;

1. A fire accident caused due to personal fault

2.If the carrier could have avoided the consequences due to a labour strike

3. If the carrier could have avoided the consequences of a riot or commotion

4. The shipper is responsible for packaging, howver the packaging is apparently insuffcicinet during laoding the bills of lading should be claused accordingly .; else the exception stands invalid