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Obligations and liabilities under Hague-Visby rules -

A) SHIPPER

 The Hague-Visby Rules have three provisions on the obligations and liability of the shipper scattered in different parts of the text.

 1) Shipper needs to give correct information related to the cargo loaded.In article 3(5) it is provide that the shipper is deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight furnished by him. 

2) In article 4(3) it is provided that the shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants 

3) article 4(6) provides that the shipper is liable for all damages and expenses directly and indirectly arising out of or resulting from the shipment of dangerous goods the shipment whereof the carrier has not consented with knowledge of their character. 

B) CARRIER

The carrier has three basic obligations

1. To ensure vessel's seaworthiness

2. To care for the cargo

3. To issue a bill of lading where the shipper requests one.

Under the Hague-Visby Rules the carrier is exonerated from following liabilities

a) in respect of loss of or damage to the goods arising or resulting from unseaworthiness unless caused by the breach by the carrier of his due diligence obligation and, 

b) as well as for loss of or damage to the goods arising from fault of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship and for loss of or damage to the goods due to fire caused by fault of the crew. 


Difference between Hague rules and Hague-Visby rules

1. The Hague rules are slightly in favor of shippers. The Hague Visby rules are considered to have an advantage to the carrier

2.Hague rules are not compatible with container shipping where as Hague Visby rules are compatible with container shipping.

 

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