Carriage of Goods by Sea (2nd Edition)
Contents
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A. Introduction A. Introduction
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Overview Overview
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B. Shipper’s Guarantee of Particulars B. Shipper’s Guarantee of Particulars
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Article III, rule 5 Article III, rule 5
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Accuracy of particulars Accuracy of particulars
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Consequences Consequences
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Reliance Reliance
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Claim as against the charterer? Claim as against the charterer?
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C. Notice of Loss or Damage C. Notice of Loss or Damage
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Article III, rule 6 Article III, rule 6
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Interpretation Interpretation
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‘Actual or apprehended loss’ ‘Actual or apprehended loss’
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D. Shipment of Dangerous Cargoes D. Shipment of Dangerous Cargoes
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Introduction Introduction
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Article IV, rule 6 Article IV, rule 6
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No definition of ‘dangerous’ No definition of ‘dangerous’
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Scope of the provision Scope of the provision
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‘Dangerous’ ‘Dangerous’
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Article IV, rule 6 and the carriers’ due diligence Article IV, rule 6 and the carriers’ due diligence
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Apportionment Apportionment
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Article IV, rule 6 and its relationship with article IV, rule 3 Article IV, rule 6 and its relationship with article IV, rule 3
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Article IV, rule 6 and the common law Article IV, rule 6 and the common law
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Article IV, rule 6 and the Bills of Lading Act 1855 Article IV, rule 6 and the Bills of Lading Act 1855
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E. Obligations under the Rotterdam Rules E. Obligations under the Rotterdam Rules
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Shippers under the Rules Shippers under the Rules
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Delivery for carriage Delivery for carriage
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Provision of information Provision of information
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Co-operation with the carrier Co-operation with the carrier
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Provision of information: contract particulars Provision of information: contract particulars
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Liability to the carrier Liability to the carrier
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Shipper’s liability for other persons Shipper’s liability for other persons
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Dangerous goods Dangerous goods
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Goods becoming a danger Goods becoming a danger
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Sacrifice of goods Sacrifice of goods
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23 Shipper’s Obligations and Immunities Under the Hague, Hague-Visby, And Rotterdam Rules
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Published:07 July 2011
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Extract
Introduction
Overview
In previous chapters we examined the shipper’s obligations of common law and his obligation to pay freight. In this chapter we consider the shipper’s obligations under the various international conventions which have been the subject of our attention. We shall examine these obligations first from the perspective of both the Hague and Hague Rules and then examine the obligations placed on the shipper under the Rotterdam Rules.
Shipper’s Guarantee of Particulars
Article III, rule 5
Article III, rule 51 of the Hague and Hague-Visby Rules provides that:
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
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