Carriage of Goods by Sea Act 1971

خلاصہ

The Carriage of Goods by Sea Act 1971 gives the force of law in the United Kingdom to the Hague-Visby Rules — the Protocol of 1968 that amended the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (the Hague Rules, 1924). The Rules are set out in the Schedule to the Act and have the force of statute. The Act applies where a bill of lading is issued in a contracting state, where the port of shipment is in a contracting state, or where the contract expressly provides for the Rules to apply. The Rules impose minimum duties on carriers: to exercise due diligence to make the ship seaworthy before and at the commencement of the voyage (Article III, rule 1) and to properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods (Article III, rule 2). In return, the carrier is given the benefit of a list of 17 excepted perils (Article IV, rule 2) including act of God, act of war, errors in navigation, and fire. Liability is subject to a financial limitation per package or unit of weight. The carrier cannot contract out of the minimum obligations: any clause purporting to do so is void (Article III, rule 8).

اہم نکات

• Gives the force of law to the Hague-Visby Rules in England and Wales (s.1(2)); applies mandatorily to bills of lading issued in the UK, bills covering shipment from a UK port, and bills that expressly apply the Rules
• Carrier's duty to exercise due diligence to make ship seaworthy before and at commencement of voyage — not an absolute warranty of seaworthiness (Article III, rule 1)
• Carrier's duty to properly and carefully load, handle, stow, carry, keep, care for, and discharge goods (Article III, rule 2)
• 17 excepted perils including act of God, act of war, inherent vice of the goods, errors in navigation, fire, and strikes (Article IV, rule 2)
• Package limitation — carrier's liability capped at 666.67 SDR per package or unit, or 2 SDR per kilogram of gross weight of cargo lost or damaged, whichever is higher (Article IV, rule 5(a))
• One-year time bar — suit must be brought within one year after delivery or the date when delivery should have taken place; after which any liability of the carrier is discharged (Article III, rule 6)
• Anti-avoidance — any clause in a contract of carriage purporting to relieve the carrier of liability or lessen their liability otherwise than as provided by the Rules is null and void (Article III, rule 8)
• Deviation — reasonable deviation does not constitute a breach of the Rules; unreasonable deviation may deprive carrier of the benefit of the exceptions (Article IV, rule 4)

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