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Part VI The Rights and Immunities of the Carrier, 28 Exceptions from Liability under the Hague, Hague-Visby, and Rotterdam Rules

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

Stephen Girvin

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
29 March 2022
ISBN:
9780198811947

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Subject(s):
Carrier's rights and immunities — Regulation of carriage of goods — Exemption from liability

This chapter evaluates the exceptions from liability under the Hague, Hague-Visby, and Rotterdam Rules. While the Hague and Hague-Visby Rules impose on the carrier the obligations in article III, rule 1, in return the carrier may rely on the provisions of article IV, such as article IV, rule 2, and various cognate provisions, such as article IV, rule 5 (limitation of liability). The catalogue of exceptions from liability may be surrendered in part but may not be added to. As a matter of interpretation, the correct approach ‘is to construe the exceptions in their own terms, while bearing in mind that they fall under a general heading and have to be construed as part of the overall scheme of obligations, liabilities and exceptions’. Meanwhile, article 17.3 of the Rotterdam Rules provides that: ‘The carrier is also relieved of all or part of its liability pursuant to paragraph 1 of this article if, alternatively to proving the absence of fault as provided in paragraph 2 of this article’, it proves that one or more of the listed events or circumstances caused or contributed to the loss, damage, or delay. The chapter then considers the protection of servants or agents of the carrier.

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