Monday, August 26, 2019
Carriage of Goods by Sea Essay Example | Topics and Well Written Essays - 1000 words
Carriage of Goods by Sea - Essay Example The general principle regarding the application of the Hague Rules is that they apply by their own force (ex proprio rigore) to contract of carriage covered by a bill of lading or any similar document of title. Art. 2 and the definition of Ã¢â¬Å"contract of carriageÃ¢â¬ art. 1 (b) makes this clear.1 .Art.2 Ã¢â¬â Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereafter set forthÃ¢â¬ 2 Ã¢â¬Å"Article 1 (b) Ã¢â¬â Ã¢â¬ËContract of CarriageÃ¢â¬â¢ applies only to contracts of carriage covered by a bill of lading or a similar document of title, in so far as the document relates to the carriage of goods by sea, including any bill of lading or a similar document as aforesaid issued under or pursuant to a charterparty from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.3 O chartered his ship to T, who in turn sub-chartered it on a voyage charter to Charlie for the carriage of a consignment of bananas from Jamaica to London. The voyage charter contained inter alia, a clause incorporating the Hague/Visby Rules. The voyage charter also contained a clause stating that the carrier should not deviate under any circumstances whatsoever except to save life.