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Under the Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the vessel was unseaworthy, improperly manned or unable to safely transport and preserve the cargo, i.e. the carrier can avoid liability for risks resulting from human errors provided they exercise due diligence and their vessel is properly manned ...
The Convention on Limitation of Liability for Maritime Claims is an IMO treaty that was concluded in London in November 1976. It entered into force in 1986, and superseded the 1957 Brussels Convention of the same name. As of October 2016, 54 states are party to the convention. [1]
The carrier's duties are not "strict", but require only a reasonable standard of professionalism and care; and Article IV allows the carrier a wide range of situations exempting them from liability on a cargo claim. These exemptions include destruction or damage to the cargo caused by: fire, perils of the sea, Act of God, and act of war. A ...
1884, the Shipping Act of 1884, which limited an individual owner's liability to the owner's share of debts and liabilities, later codified as 46 U.S.C. Appendix Ch.8 §§189 [6] 1886, which modified Rev. Stat. §4289 to clarify which vessels are covered [7] 1893, the Harter Act, which was later codified as 46 U.S.C. Appendix Ch.8 §§190–196 [8]
A suit will lie against the seller if the seller has insufficient title, [7] or the goods are not of satisfactory quality, [8] or do not comply with sample [9] or description. [10] A suit will lie against the shipper if the goods are damaged through insufficient packing, [11] [12] or if any loss is suffered through insufficient labelling. [13 ...
Incoterms define the responsibilities of exporters and importers in the arrangement of shipments and the transfer of liability involved at various stages of the transaction. They are widely used in international commercial transactions or procurement processes and their use is encouraged by trade councils, courts and international lawyers. [2]
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A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof. [1] [2] [3]Typically, the claimant will seek damages (financial compensation for loss), but other remedies include "specific performance", where the cargo-owner seeks delivery of the goods as agreed.
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