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Carriage of goods

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Carriage of goods Lectures by: Researcher Dr. juris Ellen Eftest l-Wilhelmsson Scandinavian Institute of Maritime Law/Oslo Intsitute of International Econmic Law/Katti – PowerPoint PPT presentation

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Title: Carriage of goods


1
Carriage of goods
  • Lectures by
  • Researcher
  • Dr. juris Ellen Eftestøl-Wilhelmsson
  • Scandinavian Institute of Maritime Law/Oslo
  • Intsitute of International Econmic Law/Katti

2
The lectures
  • International carriage of goods by sea, air, road
    or rail contract law
  • An overview of the different international
    transport regimes and their implementation in
    Finnish law
  • Four conventions
  • Implementation, focus on maritime law
  • Chapter 13 of the Finnish Maritime Code
  • The book An outline of transport law
    International rules in Swedish Context
  • Scandinavian law

3
Structure of the lectures
  • Based on the book
  • Monday
  • Transport law context
  • Judicial framework
  • Tuesday
  • The contract of carriage
  • The transport documents and their function
  • Wednesday
  • Carriers liability
  • Custody liability
  • Liability for performing the voyage
  • Liability for delay

4
Structure of the lectures (2)
  • Thursday
  • MS Matilde practical assignment
  • Friday
  • Assessing the compensation
  • Carriage of goods performed by more than one
    carrier
  • Successive carriage
  • Multimodal carriage
  • Procedure in case of mishape

5
Transport law context
  • Transport industry crucial for trade
  • Complex, involving different modes of transport
  • Political sensitive
  • Major player on the market
  • Important to other parts of industry

6
Transport industry recognized as complex
  • The industry offers undertakings of different
    character
  • The transport services are sensitive to changes
    in commodity and goods flows
  • Historically factors can not be ignored
  • The international charcter of the transport

7
The common market transport policy
  • A common market for transport services or a
    common transport policy?
  • Art 70 EC refers to a common transport policy
  • Art 80.2 Excluded air and sea transports, but ECJ
    ruled that general rules of the EC-Treaty are
    applicable
  • 1985 ruling condemned the Counsil for lack of
    action on the area of a common transport policy
  • Inceasing activity since the1990-ies

8
Towards a green european transport policy?
  • The development of a new sustainable and
    competitive European Transport Policy
  • Problem How to provide, in the most efficient
    manner, the services that are necessary for the
    contiued success for the single market while at
    the same time reduce the inefficiencies and
    imbalances of the system and safeguarding against
    the harmful effects that increased transport
    acitivity generates

9
What is transport law all about?
  • Transport law
  • Broad law conserning different modes of
    transport
  • Narrow the relationship between the carrier and
    the transport customer/cargo owner
  • Contracting
  • Transport documents
  • Carrier liability

10
Important questions in transport law
  • The transport transaction is part of a
    complicated pattern
  • Who are the parties to the contract?
  • Transport is international in its character
  • Legal basis in conventions
  • Central parts are mandatory
  • What legal regime is appblicable (choice of
    law/mode of transport)
  • Regarding the liability
  • The period of liability
  • The base of liability
  • The limitation of liability
  • The procedure of claiming damages

11
Principles of transport law ?
  • Different conventions
  • Different modes of transport
  • Is there a common ground?
  • A factual view (Svante Johansson)
  • Common principles
  • Custody liability
  • The goods are paying the freight
  • Valuable goods not indemnified unless declared
  • The carrier is not liable for the packing

12
Judicial framework
  • Interntional conventions
  • Nordic cooperation since 1876
  • Maritime law
  • CMI
  • UNCITRAL
  • Rail
  • COTIF 1999, Appendix B on carriage of goods
  • Air
  • Warsaw convention 1929
  • Monteral convention 1999
  • Road
  • CMR 1956

13
The European Effort
  • Working on a regional legal regime on intermodal
    transport
  • Opt out
  • Strict liability with exceptions
  • Avaiting the Rotterdam Rules

14
Finnish/Nordic legislation based on international
conventions
  • How to implement a convention
  • Signature/ratification not always enough
  • Automatic standing incorporation or legislative
    incorporation
  • Finland (and Nordic countries) legislative
    incorporation

15
The most important conventions
  • Maritime law
  • Hague Rules 1924
  • Hague Visby Rles 1968
  • Hamburg rules 1978
  • Rail - CIM (COTIF 1999, Appendix B)
  • Air - MC (Montreal Convention) 1999
  • Road - CMR 1956

16
The Finnish legislation
  • International carriage is convention based
  • Road/Rail/Air not transelated
  • Maritime law
  • The Finnish Maritime code, chapter 13
  • The convention The Hague Visby-convention
  • Section 13-1, number 6
  • But also the Hamburg convention, when not
    divergin in substanse

17
The application of mandatory rules
  • Why we have mandatory rules
  • Harmonising effect
  • Minimum standard of carriers liability
  • Applicable for rules on liability, notice of
    claim, limitation of action and jurisdiction
  • Interpreting conventional based legislation

18
Contracts of carriage
  • A contract to perform transportation services by
    ship or other modes of transport
  • Sea transport
  • Liner trade, general cargo carriage
  • Carriage of goods from one port to another. Often
    contracts with several cargo owners
  • The contracts Bill of lading or sea way bill
  • Maritime Code Contracts of carriage, Chapter 13
  • Voyage charters, quantity contracts and time
    charters
  • A ship is contracted out on a voyage or time
    charter. The charterer takes care of the
    commercial management.
  • The contracts Voyage or time charterpary
  • Maritime Code Chartering of vessels, Chapter 14
  • Other modes of transport
  • All conventions regulate transport of goods

19
The parties in the contract of carriage
  • The parties
  • Contracts of Affreightment, FMC 13-1
  • Carrier
  • Contracting shipper/Sender
  • Shipper/Actual shipper
  • The underlying sale
  • INCOTERMS
  • Road Carrier/Sender (implied in CMR)
  • Rail Carrier/Consignor CMI art 3
  • AirCarrier/Consignor (implied in MC)

20
The parties and others
  • The actual shipper not part of the contract of
    affrightment
  • The FMC code establishes a quasi-contractual
    relationship
  • Has certain liabilities in relation to the
    carrier
  • May claim Bill of Lading, FMC 13-44
  • Responsible for the accuracy of the statements
    relating to the goods entered in the bill of
    lading, FMC 13-51
  • The receiver, not party to the contract
  • Not mentioned in FMC 13-1
  • Might step into the contract depending of the
    wording of the Bill of Lading
  • The sub contractor (actual carrier)
  • Is liable for the transport performed by him FMC
    13-36
  • contracting carrier is still liable (vicarious
    liability)

21
The parties and others
  • Rail carriage - CIM art 26
  • Successive carriage
  • Every carrier liable for the entire route
  • Air carriage MC art 30-40
  • Contracting carrier is liable for the carriage
    which it performs
  • Road carriage CMR art 34
  • Principle of collective responsibility for
    carriers is recognised

22
The freight documents
  • Issued as evidence of the contract of carriage
    and a receipt of receiving the cargo
  • Sea
  • Bill of lading (negotiable) FMC 13-42
  • Sea way bill (not negotiable) FMC 13-58
  • Road
  • Consignment note CMR art. 4.
  • Rail
  • Consignment note CIM art 6-7
  • Air
  • Airway bill MC art 5 and 7
  • The freight documents
  • Acknowledgement that goods of a certain nature
    and quantity have been received (receipt)
  • A promise to transport the goods
  • A document of title (only the person in
    possession of the bill of lading can obtain
    delivery)

23
The Bill of Lading - negotiable
  • Signed by the carrier
  • Evidence of transport agreement between the line
    and the cargo owner
  • Booking note
  • Delivered without any formal preliminary contact
  • Document of title
  • Gives the holder
  • A right to dispose over the goods during transit
  • A right to take delivery at destination
  • The buyer can pay the purchased price in exchange

24
The Bill of Lading
  • Hamburg ruels and in FMC 13-42
  • Used in sea carriage
  • Issued on demand of the actual shipper FMC 13-44
  • The content is regulated in FMC 13-46
  • The nature of the goods, marks for
    identification, nubmer of packages etc all as
    furnished by the shopper
  • The back of the BoL might contain the terms of
    the carriage

25
Other modes of transport Consignments notes and
air waybills
  • Evidence that the carrier has received the goods
  • Evidence of a contract carrige including a
    promise to deliver the goods at their destination
  • Not negotiable No document of title
  • The document is not a symbol of the goods
  • Rail CIM art 7
  • Road - CMR art 5 and 6
  • Air MC art 7

26
To what extent are the rules mandatory?
  • The rules are mandatory, but the carrier can take
    on more stringent liability
  • FMC 13-4, second para
  • Same for other modes, except road
  • CMR art 2

27
Contractual liability for damage, loss or delay
Contract of affrightment
Sender
Carrier
Damaged, lost, delayed goods
Sales Contract
Receiver
SjSJø
FMC 13-24
28
The main rule on liability FMC 13-25
  • FMC 13-25 Negligence with a reversed burden
    of proof
  • FMC 13-26 Exemptions (only in maritime law)
  • 1) Fault or negclect in the navigation of the
    ship or
  • 2) Fire
  • FMC 13-25 , second paragraph not if initial
    unseaworthiness

29
Non-maritime carriage
  • Road/Rail
  • Strict liability CMR art 18.1/CIM art 23 1
  • Relieved in particular situations CMR art 18. 2-3
    and CIMart 23 2-
  • Presumption of non-liability if special risks
  • (open conveyances, loading by consignor,
    unloading by consignee, carriage of live animals)
  • CIM 24.2 and CMR 18.4-5
  • Air
  • Strict liability MC art 18
  • Exception for a very few force majeure events

30
Liability for loss, damaged or delayed goods FMC
13-25
  • The cargo owner must prove
  • That the goods have been damaged while in the
    carriers custody
  • That he has suffered economic loss
  • The carrier must prove himself innocent
  • That the damage is not a result of his own or any
    of his servants or representatives fault or
    negligence
  • In practical terms
  • How the damage actually occurred
  • That neither he nor his servants were negligent
  • NOTE! A burden of proof assumes the availability
    of evidence.

31
What must the carrier or his servants do to avoid
being branded as negligent?
  • Breach of public regulations?
  • Has the carrier enough knowledge?
  • Not perfect but reasonable fitness
  • The cargo owner must give the carrier necessary
    information
  • Not only the particular goods but also the type
    of voyage
  • Previous experience

32
The period of care, FMC 13-24
  • While the goods are in his or her custody instead
    of tackle to tackle
  • At the port of loading (2. para)
  • From the carrier receives the goods
  • At the port of discharge (3. para) until the
    goods are
  • Delivered to the receiver/consignee
  • Warehoused on the account of the
    receiver/consignee
  • Delivered to any authority according to law

33
Vicarious liability
  • Identification or privity
  • The neglect of servants is considered the fault
    of the carrier.
  • Vicarious liability is only presupposed in the
    code FMC 13-25
  • Establishes pre-conditions for identification
  • Includes more than those directly employed by the
    carrier
  • Harbour workers? Yes
  • Shipyard employees and inspectors ?
  • see FMC 13-26

34
Exemption from liability, FMC 13-26 Who's
fault or neglect?
  • Haag/Visby Hamburg
  • Exemptions a b kept,
  • Fault or neglect in the navigation or
    management of the ship
  • Who's fault or neglect is exempted?
  • Only fault/neglect committed by master, crew
    pilot or any other person performing work in the
    vessels service.
  • No need to be employed by the owner
  • Not owners own fault, or the fault of senior
    management
  • What if the ship owner and the master are the
    same person?

35
Exemption for navigational errors. What is
included?
  • Navigation of the vessel
  • Steering and manoeuvring, response to signals
    etc.
  • Management of the ship
  • The ship's condition, manning and equipment
  • Borderline cases
  • Was the act or omission primarily in the interest
    of the cargo or the ship?

36
Exemption for fire FMC 13-26 (2)
  • What fires are included in the exemption?
  • Fires caused by persons for whom the carrier is
    responsible
  • fires caused by negligent smoking by the crew
    (not liable)
  • Not fires caused by owner own fault, or the fault
    of senior management personnel (owners privity)
  • Fires due to inadequate fire procedures (liable)
  • What is a fire?
  • Open flame
  • Smouldering? Possible

37
Unseaworhtiness and the exemptions in 13-26 first
para no. (1) and no. (2)
  • The exemptions do not apply when the damage, loss
    or delay is connected with initial
    unseaworthiness.
  • The ship being unseaworthy at the commencement of
    the voyage
  • The carrier, or someone for whom he is
    responsible, has not exercised due diligence to
    make the ship seaworthy

38
Seaworthiness
  • What is seaworthiness?
  • Narrow sense technical
  • Must be able to perform the voyage without
    endangering human life
  • Broad sense in relation to the cargo/
    cargoworthyness
  • The cargo can be expected to reach its
    destination undamaged.
  • The rule is only applicable to initial
    unseaworthiness
  • Gorgonzola chocolate

39
Special risks in sea transportDeck cargo FMC
13-13
  • Must be in accordance with a particular right
  • Contract of carriage, custom of the trade,
    statutory rules
  • Loss or damage ordinary rules on liability
    (Negligence with a reversed burden of proof FMC
    13-25)
  • Unit limitations applicable
  • Unlawful loading on deck (no legal base)
  • Special rules on liability in FMC 13-34,
  • Strict liability
  • Unit limitations applicable
  • Loading on deck despite otherwise agreed
  • FMC 13-34 second para
  • Unit limitation rules can not be invoked

40
Special risks in sea transport Live animals FMC
13-27
  • Liable under the ordinary rules (275)
  • Not liable for special risks associated with such
    carriage FMC 13-27

41
Dangerous cargo regulated in all modes
  • Cargo, inherently dangerous
  • Definition is difficult
  • More than everyday risk
  • The International Maritime Dangerous Goods (IMDG)
    Code
  • Developed as a uniform international code for the
    transport of dangerous goods by sea covering such
    matters as packing, container traffic and
    stowage, with particular reference to the
    segregation of incompatible substances.
  • Lists of dangerous cargoes issued by United
    Nations Committee of Experts on the Transport of
    dangerous goods
  • Explosives
  • Gases
  • Flammable liquids
  • etc

42
Senders duty of disclosure FMC 13-7
  • The sender/contracting shipper has a duty of
    disclosure The sender will be liable if the
    actual shipper fails to mark the goods and inform
    the carrier
  • The goods must be marked as dangerous
  • Reasonable notice must be given to the carrier
  • All relevant information must be given
  • FMC, 13-7
  • Rail, CIM art 7 h and art 9
  • Road, CMR art 22
  • Air, document relating to the nature of the cargo
    MC art 6. dangerous cargo not allowed

43
The contracting shippers liability in damages
  • FMC 13-40
  • General rule not liable for damages unless fault
    or neglect
  • FMC 13-41
  • Dangerous goods

44
When the sender has not fulfilled his duty to
inform FMC 13-41
  • The carrier may refuse to take dangerous goods on
    board (breach of contract)
  • If on board may discharge the goods or destroy
    them or render them innocuous
  • Not applicable when the carrier knows the cargo
    is dangerous
  • Except Special rule on saving life and property
    no obligation to pay damages
  • An imminent risk which is about to materialise
    itself in damage

45
Strict liability on the contracting
shipper/sender
  • FMC 13-41 imposes strict liability on the sender
  • When the cargo is delivered
  • without information about dangerous
    characteristics or
  • Without information about necessary safety
    measures
  • Pre-condition The carrier must not have had
    actual knowledge
  • Covers both (and only) carrier and sub-carrier

46
Liability for delay
  • The loss
  • The goods are damaged or destroyed
  • Liability is regulated in FMC 13-25
  • The goods are ok, but market conditions have
    changed (Christmas decoration in January)
  • Liability is regulated in FMC 13-28
  • When is there a delay?
  • Starting point FMC 13-12 carried out with due
    despatch (care)
  • FMC 13-28 gives further guidelines
  • Agreed delivery
  • Within the time which is reasonable to demand of
    a prudent carrier in the circumstances
  • No delivery? 60 days total loss

47
Deviation
  • Traditionally serious breach of contract
  • Today
  • has the carrier chosen a reasonable voyage plan
    FMC 13-12 and
  • is the cargo at destination within a reasonable
    time
  • FMC 13-25 second paragraph the carrier has a
    right to take measures to save human life or
    reasonable measures to save ships or other
    property at sea.

48
Calculation of damages
  • The ordinary starting point (economic loss) does
    not apply
  • Standardised loss rule in FMC 13-29
  • Value of the goods
  • Exchange price, market price or current value of
    same goods
  • What about indirect or consequential damages?
  • has been accepted in arbitration practice, but
    no general rule

49
The unit limitation rules FMC 13-30
  • FMC 13-30
  • 667 SDR for each lost or damaged unit or
  • 2 SDR per kilogram damaged or lost goods
  • SDR Special Drawing Right (Chp 23 sec 2)
  • What is a unit ? FMC 13-31 container, pallet or
    other transport device
  • The text of the bill of lading is determinative
  • The limit of liability which results in the
    highest liability shall be applied
  • NOTE! The rules on liability does not apply where
    the carrier himself caused damage wilfully or
    through gross negligence FMC 13-33

50
Notice and period of limitation
  • Notice of damage or loss FMC 13-38
  • When the cargo is delivered
  • Immediately and written (1. sentence)
  • Or, if not apparent, three days after delivery
    (2.sentence)
  • Joint Inspection
  • No written notice needed (13-28 sec. para)
  • Notice of loss in consequence of delay
  • 60 days 13-28, 3. para
  • Period of limitation- one year

51
Introduction - the bill of lading
  • Liability under the rules relating to bills of
    lading
  • Liability for wrongful delivery
  • distinct type of liability, ( 13-52,13-42)
  • Mis-description liability (FMC 13-50)
  • No right of limitation shall apply (13-50,1.para,
    2. sentence)
  • Implied transport liability (FMC13-49 third para)

52
The underlying sale and the bill of lading
  • Distance sale
  • The goods and the payment cannot be exchanged
    simultaneously
  • The buyer cannot inspect the goods
  • The bill of lading provides a description of the
    goods
  • The value of the description hinges to a large
    extent on the legal rules associated with it.

53
The content of a bill of lading (FMC 13-42)
  • What should a bill of lading contain?
  • FMC 13-42 requires that the document contains
  • - evidence of an agreement of carriage by sea
  • - evidence that the sender has received or
    loaded the cargo
  • - the words bill of lading or make it
    apparent that delivery will only take place on
    presentation of the bill

54
The content of a bill of lading(FMC 13-46, 1.
paragraph)
  • First paragraph no. 1
  • -the nature of the goods
  • - their dangerous properties
  • - the necessary identification marks
  • - the number of packages or pieces and
  • - the weight
  • All as stated by the shipper
  • First paragraph no 2
  • - the apparent condition of the goods and
    packaging
  • If this is missing, in apparent good order
    and
  • condition, 13-49, 1 para, 2 sentence
  • First paragraph no 3 - 13

55
The content of a bill of lading(13-46, second
and third para)
  • Shipped billl of lading must contain
  • Nationality and name of the ship
  • Place of loading and the date when the loading
    was completed
  • The bill of lading must be signed
  • By the carrier or someone on his behalf
  • The master, FMC 6-8 principal (owner)/
  • Here FMC 13-45 carrier
  • By someone who has been given the authority
  • An agent

56
What if some information is missing?
  • FMC 13-47 still a bill of lading if the
    conditions in FMC 13-42 is fulfilled
  • Must be named bill of lading or
  • Indicate that the goods only will be delivered
    against presentation of the document

57
Carrier's duty to check that the information in
the bill of lading is correct
  • FMC section 13-48, first sentence
  • The carrier shall to a reasonable extent check
    the accuracy of the information on the goods
    entered in a bill of lading, sec 46 para1,1.
  • FMC section 13-48, second sentence must make a
    reservation
  • Reasonable grounds for doubting or
  • Not had reasonable opportunity to check
  • 299 third paragraph, second sentence notation
  • Must state expressly that the information is
    incorrect

58
How detailed information?
  • Hamburg rules (art 16.1)
  • must insert a reservation specifying these
    inaccuracies, grounds of suspicion or the absence
    of reasonable means of checking
  • Nordic legislation is not based on this rule
  • According to previous case law, sufficient to
    take a reservation weight unknown

59
The carrier's liability for information in the
bill of lading
  • Designed to protect individuals who rely in good
    faith on the information in the bill of lading
  • How far should the protection extend?
  • Is it enough that there is a gap between the
    information and the actual conditions of the
    goods?
  • Or do we need some culpable conduct causing the
    information to be misleading?
  • How should the damages be assessed in monetary
    terms?
  • Expectation interest (put in the situation as if
    the goods matched the description)
  • Reliance interest (put in the situation as if he
    had been actually informed)
  • Solution Section 13-49 and 13-50 different
    liability regimes

60
Implied transport liability,13-49, third
paragraph
  • Only relevant when a third party has acquired the
    bill of lading in good faith relying on the
    accuracy of the statement in it
  • Then evidence on the contrary shall not be
    admissible

61
Implied transport liability, cont.
  • The third party must have paid the purchase price
    in exchange for the document
  • Or it is used as a negotiable document in
    international trade
  • A bank has acquired the bill of lading in
    connection with a letter of credits obligation
  • Or otherwise has extended credit using the bill
    of lading as security
  • The bill of lading is conclusive evidence of the
    condition and quantity of the goods at the
    commencement of carriage
  • Any difference between the description in the
    bill of lading and the conditions of the goods at
    delivery is treated as damage arising during
    transport

62
Implied transport liability, cont.
  • The basis of liability is FMC 13-25 negligence
    with a reversed burden of proof
  • Exculpating evidence is not allowed (13-49, 3
    paragraph)
  • The liability is unconditional
  • Quantum
  • The ordinary rules on cargo damage apply

63
Liability for incorrect description, 13-50
  • Protects a third party who has acquired the
    document relying on the accuracy of the
    information provided
  • Basis for liability 13-50
  • the carrier realised or ought to have realised
    not strict liability
  • That the information was objectively incorrect
  • That the information was likely to mislead a
    third party

64
The scope of the carriers liability
  • The holder of the bill of lading must receive
    compensation for losses suffered due to his
    reliance on the bill of lading
  • As if correct information was given (reliance
    interest)
  • Not defined as ordinary carrier of transport
    liability
  • Thus the unit limitation does not apply

65
Situations covered by both13-49 and 13-50
  • The cargo owner can choose which set of rules to
    apply

66
Shipper's liability to carrier
  • The Shipper
  • Provides information as described in 296
    paragraph 1 no. 1
  • The Carrier will be held liable for this
    information thus
  • Strict liability for information provided by the
    shipper, 301 paragraph no 1

67
Fraud
  • The shipper needs a clean bill of lading
  • good order and condition otherwise
  • Difficulty to sell the goods negotiating the
    bill of lading
  • Back letters/letter of indemnity
  • The back letters can not be invoked in a court of
    law in the case of fraud, 301, second paragraph
  • The cargo owner will have a claim both against
    the carrier and the shipper
  • The cargo owner is entitled to be informed about
    possible back letters ( 300)

68
How to obtain delivery of cargo
  • The receiver must be authorised 292, 1. para
    no 2, 303 and 304
  • Who is authorised ?
  • Be expressly stated in the bill of lading ( 302
    1. first para, first alternative) or
  • A series of endorsements are leading to the
    person demanding delivery ( 302 1. para, second
    alternative) or
  • There is an endorsement in blank /without naming
    the consignee ( 302 1. para, third
    alternative)and
  • Presents the bill of lading
  • The carrier must act bona fides if he knows that
    the receiver is not authorised to demand delivery
    he cannot deliver the goods

69
Liability for wrongful delivery
  • The cargo should only be delivered against
    presentation of the bill of lading
  • What if an old customer provides a trustworthy
    explanation?
  • And a bill of lading holder appears subsequently?
  • The carrier will be subject to unlimited
    liability and his insurance will not help him.
  • Often he will require a guarantee from the
    receiver
  • Other documentary solutions may be possible sea
    way bill

70
Sea waybills ( 308-309)
  • Not negotiable documents
  • The presentation of the original document is not
    a pre-condition for delivery
  • Evidence of a contract of carriage
  • Acknowledges that the goods have been received
  • Contains an undertaking by the carrier to deliver
    the goods to the consignee named in the document

71
The content of a sea waybill,
  • Pre-conditions in 309
  • Information about the goods
  • The name of the sender, consignee and the carrier
  • The terms of the carriage
  • The freight and other expenses
  • According to the preparatory work
  • The place of shipment and delivery
  • Whether the goods can or shall be loaded on deck
  • Exceptions are accepted
  • The sea waybill shall be signed ( 309 and the
    reference to 296 third paragraph)

72
The carrier's duty to inspect the cargo
  • MC 309, 1.paragraph, 2. sentence see 298
  • Regarding the information mentioned in 296
    first paragraph no 1
  • And information on the condition of the goods and
    the packing

73
What are the consequences of issuing a sea
waybill?
  • The waybill must specify the consignee
  • The sender still may instruct the carrier to
    deliver to another party
  • But not when the consignee has asserted his right
    to the goods (demanded delivery)
  • It is evidence of the contract of carriage and of
    receipt of the goods as described
  • 309 second paragraph
  • The shipper may demand a bill of lading ( 308
    third paragraph - 294)
  • Not if the sender has waived his right to change
    consignee.

74
Liability for wrongful delivery
  • Who appears entitled to the goods pursuant to the
    text of the sea waybill
  • Can be uncertainty as to the party's identity
  • Change of consignee
  • Oral or written notice must be given to the
    carrier prior to the time limit in 308 second
    paragraph
  • In sufficient time for the carrier

75
When are sea waybills issued and whom are they
issued to?
  • Custom of the trade decides choice of document
  • The sender has the right to demand a sea waybill
    but must accept that the shipper receives it
    directly from the carrier
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