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Part IV The Responsibilities of the Shipper, 22 Shipper’s Obligations and Immunities under the Hague, Hague-Visby, and Rotterdam Rules

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Shipper's obligations and immunities — Interpretation of contract — Types of loss and damages

This chapter studies the shipper’s obligations and immunities under the Hague, Hague-Visby, and Rotterdam Rules. The focus of the Hague and Hague-Visby Rules is almost exclusively the rights and immunities of the carrier. By contrast, the shipper’s position is somewhat insignificant. There is no definition and there are only two provisions of the Rules which concern the shipper’s specific duties. The first is Article III, rule 5, which 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’. The second is Article IV, rule 6, which contains provisions on the shipment of dangerous cargoes.

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