Jindal Iron & Steel Co Ltd v Islamic Solidarity Shipping Co Jordan Inc (The Jordan II)
[2004] UKHL 49
判决理由
Under the Hague Rules, the carrier's obligation to properly and carefully load, handle, stow and discharge the goods cannot be delegated so as to relieve the carrier of responsibility.
事实
Steel coils were damaged during loading onto the vessel. The loading was performed by stevedores engaged by the shipper under the custom of the port. The carrier argued it was not responsible for the negligence of stevedores it had not engaged.
判决摘要
The House of Lords held that Article III rule 2 of the Hague Rules imposes a non-delegable duty on the carrier to properly load, stow and care for the cargo. Even where loading is performed by the shipper's stevedores, the carrier remains responsible for ensuring the operation is done properly.
关键引述
"The carrier's duty under Article III rule 2 is to ensure that the cargo is properly loaded, stowed and discharged. It is not simply a duty to exercise due diligence in selecting competent contractors."
— Lord Steyn
后续处理
Leading authority on the non-delegable nature of carrier duties under the Hague/Hague-Visby Rules.