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HAGUE HAGUE-VISBY AND HAMBURG RULES
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INTRODUCTION
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An international sale transaction is in essence a sale of goods
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What is its special feature?
Seller and buyer in different countries
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Contract of sale Contract of carriage Banking contracts Insurance contract Dispute resolution
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INTERNATIONAL CARRIAGE
Road Rail Air Sea Multimodal
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CARRIAGE OF GOODS BY SEA
INTERNATIONAL CONVENTIONS Hague Rules Hague-Visby Rules Hamburg Rules
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HAGUE RULES
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Liability of the carrier under Common Law
Strict Insurer Whether negligent or not
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Freedom of contract Contracted out of his liabilities and responsibilities Only liability was “liability to receive freight”
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Demand for a law to restrict the freedom of the carrier to contract out of his minimum liabilities in 19th century UK USA – Harter Act, 1893 Australia, 1904 Canada, 1910 New Zealand, 1914
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Demand for unification/harmonization
Hague Rules or Brussels Convention of 1924 Hague-Visby Rules, 1968 amending the Hague unit of liability Brussels Protocol of 1979 amending the Hague-Visby unit of liability Hamburg Rules, 1978
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COMPARISON OF HAGUE, HAGUE-VISBY AND HAMBURG RULES
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SCOPE OF APPLICATION Bills of lading Outward bills of lading
Deck cargo Live animals
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CARRIER’S BASIC RESPONSIBILITY
Hague and Hague-Visby Rules Sea worthy vessel Care of cargo subject to a list of 17 exemptions Hamburg Rules General duty of care while goods are in charge of carrier 1
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CONTRACTUAL AND ACTUAL CARRIER
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PERIOD OF RESPONSIBILITY
Hague Rules Tackle-to-tackle liability Hague-Visby Rules Hamburg Rules While the goods are in his charge
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DELAY IN DELIVERY Hague Rules Implied Hague-Visby Rules Hamburg Rules
Express Consignee entitled to treat the goods as lost if not delivered within 60 consecutive days
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LIMITS OF LIABILITY Hague Rules 100 pounds per package
Hague-Visby Rules 10,000 francs Poincare per package or 30 francs per kilogramme of gross weight, whichever is higher Brussels Protocol, 1979 SDR or 2 SDR Hamburg Rules 835 SDR or 2.5 SDR
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INTERPRETATIONAL PROBLEMS
What is a package? Case law Ø Gulf Italia Ø S. S. Navigator Ø Island Yacht Inc. Ø Pacific Bear Whether container is a package? Ø Leather’s Best Ø Royal Typewriter Ø Tindefjell Clarification in Hague-Visby and Hamburg Rules – Bill of lading must state that the container contains ‘n’ number of packages
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NOTICE OF LOSS Hague Rules
Notice at time of removal of goods if loss is apparent and within 3 days if loss is not apparent Hague-Visby Rules Same as Hague Rules Hamburg Rules Notice on next working day if loss is apparent and within 15 consecutive days if loss is not apparent
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LIMITATION OF ACTION Hague Rules 1 year Hague-Visby Rules
1 year but this period can be extended Hamburg Rules 2 years and can be extended by declaration or declarations
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JURISDICTION
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ARBITRATION
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THANK YOU
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