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The Hague–Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act 1971; and English lawyers should note the provisions of the statute as well as the text of the rules. For instance, although Article I(c) of the Rules exempts live animals and deck cargo, section 1(7) restores those items into the category of "goods".
Together with the Hague Visby Rules, the common law provides that the concept of "seaworthiness" covers: the ship, its equipment and supplies, [4] [5] the crew, [6] the vessel's suitability for the particular cargo [7] and its suitability for the particular voyage or for particular ports. [8] [9]
The Hague Rules were slightly amended (beginning in 1931, and further in 1977 and 1982) to become the Hague-Visby Rules. In addition, the U.N. established a fairer and more modern set of rules, the Hamburg Rules (effective 1992).
It incorporates into English Law the Hague-Visby Rules which are to be found as the Schedule to the Act. The Act does not use the term "Hague-Visby Rules" as such; instead, the Rules are referred to in that Act as the "Hague Rules As Amended". Under Article X, the Rules apply if: (a) the bill of lading is issued in a contracting State, or
The Hague Rules of 1924 effectively codified, albeit in a diluted form, the English common law rules to protect the cargo owner against exploitation by the carrier. Nearly 50 years later, the Hague-Visby "update" made few changes, so that the newer Rules still applied only to "tackle to tackle" carriage (i.e. carriage by sea) and the container ...
The rest of the world, seeing this as an attempt by shipowners to free themselves from responsibility for protecting cargo, amended the Hague Rules in 1968 with the Visby Amendments which eliminated the "per package" limitation and substituted a limitation per kilogram. In so doing, litigation concerning limitations on liability became ...
The Hague-Visby Rules do not define deviation, but rely on existing common law definitions. Nor do the Rules define “any reasonable deviation”, but in decided cases [citation needed] the phrase has been taken to include deviation..... to avoid foul weather, to join a convoy, to avoid capture or detention,
The Hague Rules of 1924 were updated in 1968 to become the Hague-Visby Rules, but the changes were modest. The modified convention still covered only "tackle to tackle" carriage contracts, with no provision for multimodal transport. The industry-changing phenomenon of containerization was barely acknowledged.