Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Carrier Liability - Essay Example

Comments (0) Cite this document
Apparent from the facts of the case is that the seller may not have fulfilled his contractual obligations to the buyer. Rats were found clinging to the bagged rice, with it remaining indeterminate as to when and from where they came. Uncontested, however, are the facts which indicate that when loading and storing into the ship's hold, crew members did not report this and, as a result, a clean bill of lading was issued…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Carrier Liability
Read TextPreview

Extract of sample "Carrier Liability"

Download file to see previous pages It is, however, necessary to refer to the Hague-Visby Rules (hereinafter referred to as HVR) and case law in order to investigate the carrier's liability.
The HVR function to clarify the duties owed to, and responsibilities owed by, cargo liners, providing a comprehensive explication of the circumstances and types of damages to cargo which carriers are not liable for as well as those that they may be held liable for. Further, and as established by CoGSA (1971) and by national courts, HVR is applicable when either party to the dispute is a member of a Contracting State.1 With these points in mind, the issues to be investigated are, firstly, whether HVR is applicable in this instance and, secondly, in case of applicability, whether the carrier is liable for the damages to the rice.
As determined by English law, and as further emphasised through CoGSA, HVR is enforceable upon carriers travelling from any port in Great Britain and Northern Ireland to any port within it.2 More relevant, however, is the fact that it is enforceable upon carriers that are travelling from a port or to any port which is party to HVR.3 The implication here is the HVR is enforceable as both the USA and Netherlands are parties to HVR. Within the context of the stated, it is important to note that Articles III, 1c and III, 2 of HVR establish the carrier as responsible for ensuring that its holds and chambers are well-suited for the storage of cargo, including their preservation and protection.4 These articles further emphasise that the carrier, including its personnel, are obligated to exercise all due caution to safely store and protect the goods.5 Furthermore, as stipulated in Article II, not only is the carrier responsible for the safe storage of the cargo but it is further liable for any damages which may befall the goods through loading and stowing.6
The above mentioned articles are immediately relevant to the question of the carrier's liability towards the damages which the rates may have wreaked upon the bagged rice. In brief, they establish liability as a direct outcome of the failure of the crew to exercise due care regarding the protection of the cargo from damages.
The carrier's liability is established by HVR. HVR, Article IV, 2b states that the carrier is not liable for damages to cargo by "fire, unless caused by the actual fault or privity of the carrier." 7 This liability directly arises from Article IV, 1's assertion that the carrier and its personnel are obligated to exercise all "due diligence" to ensure that the ship is seaworthy and its crew fit.8 The crew did not exercise the requisite due diligence, as is evident from the failure to report the sighting of the rates and, the vessel was not seaworthy, a fact which takes on additional importance when considering liability for delay in delivery.
Case law supports the argument pertaining to the carrier's liability, as in the matter of Papera Traders Co Ltd & Ors V (1) Hyundai Merchant Marine Co Ltd (2) Keihin Co Ltd Sub Nom Eurasian Dream (2002)9 In this case, the cargo owners sued the carrier following the occurrence of a fire which destroyed the cargo and rendered the vessel a total loss. As the owners of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Carrier Liability Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved from
(Carrier Liability Essay Example | Topics and Well Written Essays - 2750 Words)
“Carrier Liability Essay Example | Topics and Well Written Essays - 2750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Civil liability

...? Civil Liability Effectiveness and efficiency of federal, county, or municipal installations are heavily dependent on the services of dispatch officers. Dispatch officers play critical communications role as they are responsible for transmitting and receiving reliable and correct messages, recording important information, and tracking equipments and vehicles. Public safety dispatchers often receive calls from institutions and individuals who are in need of help from emergency medical officers, police officers, and firefighters. Despite the integral role played by public safety telecommunications, civil liability may arise from the processes involved. Civil Liability Introduction It is no doubt that technological advancements across...
10 Pages(2500 words)Research Paper

Liability analysis

... 30th April There are various forms of business partnership such as, a general partnership, limited partnership, limited liability partnership, Limited Liability Company and corporation (West's Encyclopedia of American Law, 4). Every form of partnership depends on different factors which include the cost incurred when forming the business, business requirements in terms of resources, Government limitations, tax reflection and elasticity of management decisions. Retail business The formation of a retail business entails voluntary alliance of persons who plan to carry out a business for profit maximization purposes (West's Encyclopedia of American Law, 2). The basis of partnership can be made legal by either the word of mouth or through...
9 Pages(2250 words)Essay

Academic carrier goal

...? 12 March Academic career essay: Movies have always been my passion. Somehow, I always knew I had great potential of being both a film producer and a director. I remember in my childhood, when I saw a film, I used to write a paper as a critique. My papers were appreciated a lot both in home and school. Teachers approved of my critical analysis and encouraged me to practice the act quite frequently. They visualized a potential producer and director in me because of which, throughout my high school, I was named “2 in 1”. Gradually, the inspiration I gained from my mentors became ingrained in my thinking, and I wanted to build my career in film making. This field is perfect for me because it accords with my aptitude. I was recently... 12 March...
1 Pages(250 words)Essay

Aircraft Carrier

...? Aircraft Carrier An aircraft carrier refers to a warship, planned in such a way that it can deploy and recover aircraft. All over the world, the navy normally uses Aircraft carriers in the sea to protect airpower, without any reliance on the local airbases to stage operations of the aircrafts. This essay will give a description of why aircraft carriers will become outdated, due to vast technological advancements in the aircraft industry. The essay will also explain why aircraft carriers have been useful, by indicating why they may not become obsolete. In addition, the essay gives a description of modern technologies likely to replace aircraft warship, and discuss difficulties experienced while using the warship as compared to other forms...
6 Pages(1500 words)Research Paper

CyberTorts, Strict Liability, Products Liability, Consumer Protection

...? TORTS Cyber Torts, Strict Liability, Products Liability, Consumer Protection Introduction The business world is governed largely by 2 types of law,contract law and tort law. Contract law pertains to the specific terms and conditions involved in the supply of a particular product or service. On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these statutes, court decisions are based on precedent, that is, previous cases involving similar facts. Torts are wrongs committed against individuals and groups and can be intentional or unintentional. Intentional torts are wrongs done deliberately and therefore...
3 Pages(750 words)Essay

Vicarious Liability

...? Vicarious Liability Briefly discuss the terms vicarious liability and corporate liability. Vicarious liabilityentails a tort where a third party is held liable due to the negligence of another person for whom they have a special relationship. For example, an employer may be held liable for a tort committed by his/her employee (Anselmi, 2012). On the contrary, corporate liability involves a legal responsibility of a company due to criminal acts executed by its employers. Corporate liability focuses to determine the extent in which a company may be held liable for the criminal acts committed by a natural person employed by that company (Bright, 2008). 2. Identify the various mistakes in the case and indicate which type of liability might...
3 Pages(750 words)Essay

Auditors' liability

...Auditor's Liability In the United Kingdom, companies are required to get their accounts and financial ments audited by external auditors. Thesestate guaranteed market of external audits are applicable to around 600,000 companies, schools, universities, trade unions, hospitals, government departments and charities who have to submit to an external financial audit by accountants belonging to one of the select accountancy trade associations. (Cousins et al, 1998) Contrary to the early reasons for having this law, state guaranteed market of external audits hasn't been able to provide a secure employment and niches for accountants. The failures and negligence of external auditing make it to the news headlines regularly. Scandals such as those...
6 Pages(1500 words)Essay

Is the liability of a carrier for the carriage of goods by sea any different under the Hague and Hague-Visby Rules than it is at common law

...Liabilities of Carriers of Carriage of goods by sea under Hague, Hague- Visby rules and Common law A Comparative Study 1 Introduction The carriage of goods by sea was one of the earliest forms of human commercial endeavors. To this day, the carriage of goods via the sea remains one of the most challenging areas of legal practice, and, of course, it is most money-spinning way also. But it is to be noted that, the carriers had strict liability on the goods they carried for the shippers from the days the means of this lucrative discovered. However, as maritime trade and commerce increased, they increasingly demanded to be exempted from the much-abused term known as “acts...
10 Pages(2500 words)Essay

The Luxury Passenger Carrier

...The Luxury Passenger Carrier Springfield Express is a luxury passenger carrier in Texas. All seats are first class, and the following data are available: Number of seats per passenger train car 90 Average load factor (percentage of seats filled) 70% Average full passenger fare $160 Average variable cost per passenger $70 Fixed operating cost per month $3,150,000 a. What is the break-even point in passengers and revenues per month? Passengers needed for BEP Fixed Cost/ Contribution Margin = BEP for no. of passengers Contribution...
3 Pages(750 words)Case Study

Liability Issues - Limited Liability Company

...Liability Issues - Limited Liability Company Introduction This paper is based on a case analysis that is based on three friends who have graduated from the Computer Science Department of the Manchester Metropolitan University who desire to run a business that will buy and sell computers, computer software and accessories. The paper provides advice on how to incorporate their business and carry out their transactions in order to attain the best and optimal results. Types of Business Options There are three main types of businesses in the UK and these are: 1. Sole traders 2. Limited companies and 3. Business partnerships (, 2014) Under each of these three types of businesses there are sub-categories and specific types of business...
6 Pages(1500 words)Essay

Vicarious Liability

...There are several possible tortuous claims against Whacky Builders Ltd. The possible plaintiffs are Joe, Sonia, Big plc, Baljit and her husband and Mick. Whacky Builders Ltd. is liable for the negligence of their workmen on each occasion under the principles of vicarious liability. Each claim will rely on the substantiation of a duty of care on the part of the relevant workmen and a breach of that duty in respect of each of the complainants. Vicarious Liability Each of the claimants will have to establish that Whacky Builders Ltd. is vicariously liable for the negligence of its employees if they hope to be compensated by the company. In any case, they can sue the individual workmen in their personal capacity or jointly with Whacky...
10 Pages(2500 words)Assignment

Strict Liability of Law Philosophy

The use of the strict liability is also justified on the ground on of adoption of legal policies which attains a socially desirable purpose which the legislative body has the sole prerogative to promote and protect in the pursuit of public welfare. Arguments for and against the thesis using decided cases and other author’s views will also be discussed and resolved any issues will follow on the basis of whether there is enough ground or to uphold the thesis of this paper.
Strict liability rule first is beneficial to society. In at least two decided cases this theory was clearly shown by the courts. The first is the case of United States V. Balint et al., 258 U.S. 250 (1922). The facts of the said case had it that “...
7 Pages(1750 words)Coursework

Some Companies Purchase Directors and Officers Liability Insurance

 Governments occasionally use criminal laws to attack the conduct of directors and officers.
Liability insurance is available to cover some of these judgments. Often it is known as "directors and officers insurance," or "D&O insurance." This article discusses some significant parameters of D&O liability, expounds on some of the ways typical D&O insurance contracts work, and explores the law governing this type of insurance. This article does not discuss general principles of D&O underwriting, principles of D&O risk control, or the process of dealing with D&O claims.
It is becoming fashionable to refer to D&O insurance as a form of "executive liability insurance." One leading D&O car...
8 Pages(2000 words)Coursework

Separate Legal Entity, Limited Liability and Criminal Responsibility of Company

...Company Law Separate legal entity, limited liability and criminal responsibility of Company- An over view 1 Introduction Company law includes the body of legal rules relating to the creation, management, financing and operation of companies. These rules have developed to protect investors, maintain confidence in the market and attempt to ensure that fairness is achieved for the various stakeholders connected to a company. Britain was amongst the first nations to develop rules to regulate how companies operate and introduced a company registration scheme in 1844. Company Law has developed over the years both in common law and through various Acts of Parliament, most recently the Companies Act 2006...
11 Pages(2750 words)Case Study

Concurrent Liability on the Credit Card Company

...Consumer Credit Act of 1974 The connected lender liability and deemed agency provisions in the Credit Act of 1974 were formulated in order to protect consumers, by imputing concurrent liability on the credit card company or creditor when misrepresentations are made or a contract for sale of products or services is breached. Section 56 of the Act pertains to antecedent negotiations, wherein a creditor will be made liable for representations that are made by a dealer or seller of goods and services. Section 75 of the Act imputes concurrent liability on a creditor when a supplier is guilty of misrepresentation or a breach of contract. The significance of these provisions lie in the increased scope of liability imputed on the creditor...
8 Pages(2000 words)Case Study

Vicarious Liability, Especially in Respect of New Appointees

...Task Two a Management Team, ActiveWear of the April 20, 2009 Vicarious Liability, Especially in Respect of New Appointees. Recently, an employee of your company had caused injury to many people on account of his negligent driving of a company vehicle, in the course of his employment. In this context, it is essential for your company to be aware of the implications of vicarious liability, while engaging new staff. Consequently, the employer is responsible for the activities of his employees in the course of employment. Under the principle of vicarious liability, the principal is liable for the acts of his agent. The principal is vicariously liable for the wrongdoings of his agent and an employer for the wrongs of his employees...
8 Pages(2000 words)Assignment

Role of Law of Tort in Business Activities Assessing Particular Forms of Tortious Liability

...Common Law Tort Examine role of Law of Tort in business activities assessing particular forms of tortious liability: Laws are fundamentally of two types –civil and criminal. Criminal wrongs are acts against the State and hence are proceeded and decided by the State. However, civil wrongs, being essentially of individual nature, seek not to enforce punishment against the apparent wrongdoer, but are more concerned about monetary reparation for damages or losses that have occurred. The main objective of Law of Tort is to ensure that losses and damages sustained by the aggrieved parties are suitably compensated, and s/he is put in a position as though the losses or damages had not taken place. The main aspects regarding law of tort...
12 Pages(3000 words)Case Study

The Principle of Limited Liability

...Contents Contents Limited Liability 2 Joint stock Companies Act 1984 2 Limited Liability Act 1985 3 Limited Liability and Moral hazards 3 Case Example 5 Introduction 5 Analysis 6 Conclusion 7 References 8 ‘The principle of limited liability has no value and leads to immoral consequences’. Succinctly explain the principle of limited liability and discuss this statement. Limited Liability Limited liability as the word implies limits the liability of a certain party to a certain degree. The main consideration involved is usually financial in nature, which means that the interests of a party are limited to the degree of its financial investments. Therefore if a party has a limited liability towards a project of entity and that entity...
7 Pages(1750 words)Case Study

Effects of the Low-cost Carrier Airline Companies on Turkish Airlines

... of airline passengers but it also increased the air services as more and more low cost carriers (LCC) entered into Turkey airline industry. According to InterVISTAS-EU Consulting Inc. Liberalization may impact the home carriers as they can loss market shares by stimulating the market however, high traffic growth may set off the market share loss. Secondly, liberalization in turkey has increased the viability and lowered the profitability of national carriers however; it has also provided opportunities to the national carriers by widening their pool of investment and allowing them to expand into new markets (InterVISTAS-EU Consulting Inc., 2009). The study of InterVISTAS-EU has significant implications on Turkish Airlines. The Airline...
7 Pages(1750 words)Case Study

The Relationship between Incorporation and Limited Liability

...The relationship between incorporation and limited liability is often misunderstood and at best confused. These concepts are distinct even though in some contexts they may in practice be closely connected. Critically evaluate. Arguably one of the most attractive features of a company incorporated under UK law as a business vehicle is the principle of distinct corporate personality as enshrined in the Salomon case1. Directly intertwined with this is the concept of limited liability whereby individual members will not be liable for the acts of the company subject to limited exceptions2. In order for a company to avail itself of the limited liability principle it must be incorporated in accordance with procedures stipulated...
13 Pages(3250 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Carrier Liability for FREE!

Contact Us