Application of Hague-Visby Rules in Case of Unseaworthiness

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1.0 Issues and Questions Answered in this Paper

hague visby rules unseaworthiness 300x278 - Application of Hague-Visby Rules in Case of Unseaworthiness

In the March of 2017, when the dangerous Debbie cyclone was about to hit the shores of the Queensland badly, the captain of ‘SS Pacific,’ a container carries ship was carrying a large livestock of abattoir equipment from the port of Brisbane to the destination port of Indonesia, but then something unusual happened and the Debbie cyclone damaged many parts of the ship, while 14 containers fell in the ocean, having the precious abattoir equipment. However, it was also evident that SS Pacific ship was not in its best condition to carry such a large consignment of heavy containers, since there was not enough time spent in the maintenance works of the ship, which was mandatory for such a voyage. Meanwhile, the hull of the ship also had few cracks that were required to be fixed before starting the voyage. This cargo was assigned to carry the containers under the bills of landing contract. Following issues are arising for the carrier owner in this case: —

  1. Is the carrier owner being liable for the damage of the container and its items and deemed to pay the compensation for the damage?
  2. Is the carrier owner responsible for the damage due to unseaworthiness of the ship?
  3. Is the carrier owner responsible to breach the provisions of the bill of landing contract under the Article 3 and 4 of the Hague-Visby rules?[1]

Answer 3. As per the provisions of the Article 3 of the Hague-Visby rules, the carrier owner is being liable for the unseaworthiness of the ship while starting the voyage, and thus is responsible for the damage done to the containers. There are many considerations that need to be bothered about before providing any suggestion to the carrier owner. First of all, it is necessary to understand the real meaning behind the seaworthiness. As per the Article 3 of the Hague-Visby rules, the very first consideration in the case of the seaworthiness is the physical condition of the ship itself……Buy the PDF for full Answers.

Subject – Economics

Pages – 5

Words – 1500

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88x31 - Application of Hague-Visby Rules in Case of UnseaworthinessAll the research papers on this website are written by the Author himself and has copyrights for the same. The users are free to share it for personal use, but shall not distribute for commercial purpose. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

5.0 References

  1. Sturley, M. F. (1993). Changing liability rules and marine insurance: conflicting empirical arguments about Hague, Visby, and Hamburg in a vacuum of empirical evidence.  Mar. L. & Com.24, 119.
  2. Sze, P. F. (2000). Carrier’s liability under the Hague, Hague-Visby and Hamburg rules(No. D. Juridical Sc.). Deakin University.
  3. Mandelbaum, S. R. (1995). Creating Uniform Worldwide Liability Standards for Sea Carriage of Goods Under the Hague, COGSA, Visby and Hamburg Conventions.  LJ23, 471.
  4. Yancey, B. W. (1982). Carriage of Goods: Hague, Cogsa, Visby, and Hamburg.  L. Rev.57, 1238.
  5. Tetley, W. (1995). Package & Kilo Limitations and the Hague, Hague/Visby and Hamburg Rules & Gold.  Mar. L. & Com.26, 133.
  6. Mandelbaum, S. R. (1995). International ocean shipping and risk allocation for cargo loss, damage and delay: a US approach to COGSA, Hague-Visby, Hamburg and the multimodal rules.  Transnat’l L. & Pol’y5, 1.


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