Comparative table on limitation levels of carrier liability

Comparative table on limitation levels of carrier liability

First, all existing international regimes establish minimum levels of carrier liability, which apply mandatorily, that is to say the relevant substantive rules on liability of the carrier may not be contractually modified to the detriment of the shipper or consignee.

The main question is what the standard of liability of the carrier must be under these circumstances.

Liability of the carrier and shipper for a breach of obligation under the Convention not already dealt with

Assuming that, for instance, the time bar and the limitation of liability will apply to any claim against the carrier under the draft Convention, there may be some logic in determining the standard of liability of the carrier beyond the matter of loss, damage or delay to the goods as well.

Finally, it was suggested that the reference to maritime performing parties would be necessary to ensure that the carrier would not escape liability by invoking the exclusive liability of the maritime performing parties.

Wide support was expressed for the suggestion to complement the reference to the liability of the carrier with a reference to its obligations.

Delegations who have spoken in favour of variant B tend to emphasize the balance between the liability of the carrier and the shipper.

The alternative text is based on the assumption that the liability for not providing the reasonable information, documents, etc. ought to be based on negligence with a reversed burden of proof (the text mirrors in this respect the provision on carrier liability) and that the scope of the provision should be the relationship between the shipper and the carrier.

If such intermediate buyer becomes a bill of lading holder after the carrier has delivered the goods to the final buyer, he has no right to delivery any more, but may have acquired a right to sue the carrier if there is a liability of the carrier for loss or damage to the goods.

In effect, pursuant to paragraph (a), the carrier was prohibited from redefining its obligations under the draft instrument by excluding or limiting them, while paragraph (b) prevented the carrier from excluding or limiting its liability for breaching an obligation under the draft instrument.

(b) It directly or indirectly excludes or limits the liability of the carrier or a maritime performing party for breach of an obligation under this Instrument or

Finally, at the end of this questionnaire, the matter of the liability of the carrier and the shipper for any breach of their obligations under the delivery provisions is raised.

Under this approach, the contractual decrease of liability of the carrier and of the other parties mentioned in the draft article would not be possible, while its increase would be allowed.

Notwithstanding chapters 4 and 5 of this Instrument, the terms of the contract of carriage may exclude or limit the liability of both the carrier and a maritime performing party if

It was recalled that the approach taken in article 5 (5) of the Hamburg Rules was based on exemption from liability and exempted the carrier from liability only for loss, damage or delay in delivery of live animals resulting from any special risks inherent in that kind of carriage.

If it is the intention of the parties that the clause makes the cargo side responsible for loading, stowage or discharging, a carrier may be relieved from liability for the consequences of improper stowage, but only within the scope of the liability system outlined in article 17 (previously 14).

In paragraph 2 in the alternative text, the shipper has a strict liability for the information that he provides, unless the carrier or anyone for whom it is responsible caused the inaccuracy.

In this article and in the second sentence of article 46, the liability of the carrier for loss or damage to the goods is dealt with in cases when the goods are undeliverable.

(i) Carrier

It was suggested that draft article 74 should be merged with draft article 73 to clarify that the former provision referred only to protective measures of the shipper against the carrier for claims related to liability.

What could be added are one or more provisions setting out the standard of liability of the carrier and shipper if one of these is in breach of any of its obligations in respect of delivery.

In case of such consolidation, what would be an acceptable standard of liability of the carrier for loss of or damage to the goods under the circumstances referred to in the articles 46 and 51 (previously 50)?

Freight forwarders may thus be both carrier (vis à vis the smaller shipper) and shipper (vis à vis a unimodal carrier, such as a sea carrier).

The reasons for this are that the chapter regulates the obligations of the shipper and that this specific obligation is already covered by the general provisions on carrier obligations and liability set out elsewhere in the draft convention.

Liability insurance

At its thirteenth session, the Working Group considered the provisions of the draft instrument on the carriage of goods wholly or partly by sea with respect to the limitation of carrier liability, and agreed that the time was not yet ripe for an exchange of views with respect to the appropriate level of limitation on liability (A CN.9 552, paras.

It has also been argued that if there is for example a delay because of a material misstatement on the shipper's side it follows already from article 17 on the carrier's liability that the carrier is not liable for this.

Liability of legal persons

Criminal liability of migrants

Liability of legal persons

Liability of the Tribunal

Financial liability of Members

J. Question of liability

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Article 75. Actions against the carrier

Such liability is incurred without prejudice to the criminal liability of individuals having committed the offences.

The main audio carrier is 4.5 MHz above the video carrier, making it 250 kHz below the top of the channel.

Unlike metadata that is added to the carrier signal, a digital watermark does not change the size of the carrier signal.

It was further indicated that the draft provision left a number of issues open, such as, for instance, the definition of first action , and the interplay between the removal of actions and actions by the carrier for declarations of non liability and counter claims.

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