Carriage of Goods

Carriage of goods
Lectures by:
Researcher
Dr. juris Ellen Eftestøl-Wilhelmsson
Scandinavian Institute of Maritime Law/Oslo
Intsitute of International Econmic Law/Katti
Det juridiske fakultet, Universitetet i Oslo

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
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

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
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

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

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

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

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
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

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
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
The European Effort
• Working on a regional legal regime on intermodal

transport
– Opt out
– Strict liability with exceptions
• Avaiting the Rotterdam Rules

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

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

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

The application of mandatory rules
• Why we have mandatory rules

– Harmonising effect
– Minimum standard of carrier`s liability
– Applicable for rules on liability, notice of
claim, limitation of action and jurisdiction
• Interpreting conventional based legislation

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
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
– Air:Carrier/Consignor (implied in MC)

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)

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

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:
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

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
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
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

Contractual liability for damage, loss or delay
Contract of affrightment
Sender Carrier
Sales Contract
Damaged, lost, delayed

goods
S
Receiver j
S
FMC 13-24§§ J
ø

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”

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
Liability for loss, damaged or delayed
goods: FMC 13-25 §
• The cargo owner must prove;
– That the goods have been damaged while in the carrier´s 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.

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

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

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§
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?

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?

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 (owner´s privity)
• Fires due to inadequate fire procedures (liable)
– What is a fire?
• Open flame
• Smouldering? Possible

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

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

Special risks in sea transport
Deck 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
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§

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

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
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

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
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.

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

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§
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

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)

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.

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
(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

(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

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

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
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”

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

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

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

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

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
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

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

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

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)

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

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

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

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)
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

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.

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
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

Carriage of Goods

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Carriage of Goods

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Carriage of goods

Det juridiske fakultet, Universitetet i Oslo

• International carriage of goods by sea, air, road or

Det juridiske fakultet, Universitetet i Oslo

• Transport industry crucial for trade

• Major player on the market

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

• A common market for transport services or a

Det juridiske fakultet, Universitetet i Oslo

• Problem: How to provide, in the most efficient

Det juridiske fakultet, Universitetet i Oslo

• The transport transaction is part of a complicated pattern

Det juridiske fakultet, Universitetet i Oslo

• Working on a regional legal regime on intermodal

• Avaiting the Rotterdam Rules

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

• International carriage is convention based

Det juridiske fakultet, Universitetet i Oslo

• Why we have mandatory rules

• Interpreting conventional based legislation

Det juridiske fakultet, Universitetet i Oslo

• Voyage charters, quantity contracts and time charters

• Other modes of transport

– Road: Carrier/Sender (implied in CMR)

Det juridiske fakultet, Universitetet i Oslo

• The receiver, not party to the contract

• The sub contractor (actual carrier)

Det juridiske fakultet, Universitetet i Oslo

• Rail carriage - CIM art 26;

Det juridiske fakultet, Universitetet i Oslo

• Issued as evidence of the contract of carriage and a receipt of

Det juridiske fakultet, Universitetet i Oslo

• Evidence of transport agreement between the line and the

Det juridiske fakultet, Universitetet i Oslo

• Hamburg ruels and in FMC 13-42§§

Det juridiske fakultet, Universitetet i Oslo

Damaged, lost, delayed

Det juridiske fakultet, Universitetet i Oslo

• FMC 13-25 § : Negligence with a reversed burden of proof

FMC 13-25 §, second paragraph: not if ”initial

Det juridiske fakultet, Universitetet i Oslo

• The carrier must prove himself innocent

NOTE! A burden of proof assumes the availability of evidence.

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

• Who's fault or neglect is exempted?

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

• What fires are included in the exemption?

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

Det juridiske fakultet, Universitetet i Oslo

– Liable under the ordinary rules (§275)

Det juridiske fakultet, Universitetet i Oslo

• The sender/contracting shipper has a duty of disclosure; The

Det juridiske fakultet, Universitetet i Oslo

• The carrier may refuse to take dangerous goods on

Det juridiske fakultet, Universitetet i Oslo

• When is there a delay?