Liability of the Marine Cargoes Carrier for Delay in Delivery
Date Issued
2011
Date
2011
Author(s)
Chen, Li-Wen
Abstract
The core of this thesis is the liability of marine cargoes carrier for delay in delivery. This paper emphasizes several aspects of the problems such as the definition, exoneration from liability, the effect of the exemption clause, the calculation of compensation, the limitation of liability, and the time for suit period of delay in delivery.
First of all, this paper discusses the definition of “delay in delivery” which means in what situations a carrier is considered delay. Secondly, when the goods actually are late to the port and caused damages, is the carrier responsible for it? This question can be answered from two approaches which are related to “the exoneration from liability” and “the effect of the exemption clause” of delay in delivery. The former also refers to the basis of the carrier’s liability and the allocation of burden of proof; the latter is affected virtually by the effect of the exemption clause in the contract which associated with the compulsory period of responsibility and the freedom of the contract.
Then, when the carrier certainly is liable for the damage caused by delay in delivery, how to calculate the compensation for loss of or damage to the goods due to delay and figure out the amount of the carrier’s liability? These two questions both are relevant to the calculation of compensation standard and the benefit of limitation of liability. Finally, in the last chapter, the main issue is about the period of time for suit which affects the claimant’s right to suit the carrier for delay in delivery.
Under the Hague-Visby Rules, unless the carrier has entered into an express agreement that goods will be delivered by a specific date or within a particular time frame, he is exempted from liability for acts or omissions on his part that cause delay in delivery of the goods. However, recent the Hamburg Rules and the Rotterdam Rules have made the carrier liable for loss of or damage to the goods and for delay in delivery. Besides, it has provided for different limitation of liability in delay from loss of or damage to the goods. Conversely, The Maritime Act of Taiwan, which is based on the Hague-Visby Rules is quite empty of articles dealing with delay in delivery of carrier, so that contributes to the Supreme Court of Taiwan using the Civil Code to dispose of this problem. Unlike the carriage of goods by road or rail, which are steady and safe, the carriage of goods by sea is more dangerous and unpredictable. This paper explores the disadvantages which are stipulated in the Maritime Act and the decisions of the Supreme Court of Taiwan on delay in delivery by focusing on the international conventions and comparative maritime law. Furthermore, this monograph will put the specific suggestions forward for amending the Maritime Act in the future.
Subjects
delay in delivery
delay
exoneration from liability
period of responsibility
calculation of compensation
limitation of liability
time for suit period
Type
thesis
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