Is the liability of a carrier for the carriage of goods by sea any Essay - 1

Is the liability of a carrier for the carriage of goods by sea any different under the Hague and Hague-Visby Rules than it is at common law - Essay Example These exceptions were stated in the Acts of Lading, making carriers an almost untouchable lot. Later on their insistence led to a free-for-all in contract negotiation, and to carriers claiming and securing exception from almost all manner and form liability, even negligence. This led to the decision of the maritime stakeholders to have some form of control to prevent widespread abuse of claims arising from this situation. At the International Conference on Maritime Law held at Brussels in October 1922, (1) the delegates at the conference, agreed unanimously to recommend their respective government to adopt as the basis of a convention a draft convention for the unification of certain rules such as responsibilities, liabilities, rights and immunities attaching to carriers under the bills of lading. Bill of lading is a receipt of terms of the contract of carriage, which is generally evidenced by a document. This receipt is issued by the ship owner acknowledging that goods have been delivered to him for the purpose of carriage and the terms of the contract are incorporated in the bill of lading. signed at Brussels on the 25th of August, 1924; the Convention for the Unification of Certain Rules relating to bills of lading or The Hague Rules(2) was passed. In its bare essence, the Rules obliged carriers to provide seaworthy vessels at the beginning of the voyage and exercise due care for the goods throughout it(3) Thereafter, the U.K. Carriage of Goods by Sea Act of 1971 was passed to give effect to the protocol. The 1971 Act was brought into force in June 1977 and it repealed the 1924 Act and re-enacted the Hague Rules in their amended Hague Visby form.(4) "Contract of carriage by sea" means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another; The Carriage of Goods