Description

This book contains a study of the system of liability under the Hagueand Hague Visby Rules. The application of the Rules under American, English and Dutch law and incidentally Australian and Canadian law is researched to determine if the Rules are construed and applied uniformly. Where it is found that there are differences in the way a Rule is applied the intended construction of the Rule is established.

After a chapter on the construction of the Rules, the duties of the carrier contained in article III(1) and III(2) are discussed. Some of the most important exceptions of article IV and the relationship between those exceptions and the duties of the carrier are discussed in two separate chapters. There is also a chapter on the division of the burden of proof.

The book ends with a chapter containing the conclusions derived from the comparative legal research throughout the book.

A summary is included in English and Dutch.

Index

1 Introduction / 17

2 Construction of the Hague (Visby) Rules / 23

3 Duties of the carrier / 37

4 The relationship between the duties of the carrier and the exceptions / 67

5 Art. IV(1) and some of the exceptions of art. IV(2) H(V)R / 85

6 Division of the burden of proof under the H(V)R / 169

7 Conclusions / 183

Summary / 187

Samenvatting / 191

Appendix I Hague Visby Rules / 197

Appendix II Harter Act / 205

Appendix III Carriage of Goods by Sea Act 1936 / 207

Appendix IV Carriage of Goods by Sea Act 1971 / 217

Bibliography / 225

Case List / 233

Index / 237

Curriculum vitae / 239

About the author(s)

N.J. Margetson is working as a lawyer in Rotterdam at Hampe Meyjes.