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Rights and liabilities of the parties.

Authors :
Basedow, Jürgen
Ehlers, Peter
Graßl, Hartmut
Koch, Hans-Joachim
Lagoni, Rainer
Lammel, Gerhard
Magnus, Ulrich
Mankowski, Peter
Paschke, Marian
Pohlmann, Thomas
Schneider, Uwe
Sündermann, Jürgen
Wolfrum, Rüdiger
Zahel, Wilfried
Güner-Özbek, Meltem Deniz
Source :
Carriage of Dangerous Goods by Sea; 2008, p137-202, 66p
Publication Year :
2008

Abstract

Generally speaking, in the field of carriage of goods, goods are the object of loss or damage. The system is mainly based on the concept of the loss of or damages or delay to goods. However, it is not always so. Goods can cause various damages in different situations while in transit. In particular, the carriage of dangerous goods by sea carries with it substantial risks of damage both to the vessel and to other cargoes. In this case, goods become the subject rather than the object. Dangerous goods can, for example, cause an explosion or fire, corrode the cargo holds or the hull, or liquids in the cargo holds can solidify. Furthermore, the carrier may incur extra expenses such as unloading and reloading of cargoes, extra bunker expenses due to the damage to the ship since he may have to deviate. The vessel may be detained or quarantined, so the carrier may suffer economic loss or the vessel may need to be cleaned. Moreover, cargo may damage other cargo onboard or may injure the crew. In accordance with this fact, Art. IV.6 of the Hague/Hague-Visby Rules provides that "Goods of inflammable, explosive, or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character ... the shipper of such goods shall be liable for all damage and expenses directly or indirectly arising from such shipment." [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISBNs :
9783540758365
Database :
Supplemental Index
Journal :
Carriage of Dangerous Goods by Sea
Publication Type :
Book
Accession number :
33876381
Full Text :
https://doi.org/10.1007/978-3-540-75837-2_5