- •Common carriers
- •Private carriers
- •4. Common law obligations of carriers. Common law exemptions from carriers liability ynder the Hague-Visby Rules. Common low obligations of carriers
- •Common law exceptions from liability
- •5. Type of loss. Example of atl and ctl
- •1) Actual total loss (atl) may occur in 4 ways:
- •2) There is a constructive total loss (ctl) in the following cases:
- •1) Фактические суммарные потери (atl) могут возникать четырьмя способами:
- •2) Существует конструктивная полная потеря (ctl) в следующих случаях:
- •6. Particular average: definition. Particular average compared to general average. Example.
- •The main objectives of the York-Antwerp Rules. Rule a ga definition.
- •Extraordinary expenditures and sacrifices. Examples.
- •Interested parties in ga and their relative interests in the maritime venture.
- •Documents and evidence required from a ship in case of ga.
- •Cargo related incidents— documentary evidence
- •11. Ships agent and surveyors in ga. The procedure and the purposes of noting a sea protest.
- •12. Collisions: definition. Evidence prior to a collision and after a collision.
- •13. Sea protest. The structure of sp. The procedure and the purposes of noting a sea protest.
- •Evidence required in a collision when a vessel is under pilotage, anchored or moored.
- •Vessel under pilotage or in congested waters
- •Vessel moored
- •Interactive Root Causes Analysis. Definition. The main purpose of irca. 5 Whys method.
- •The main purpose of accident investigation and the main reasons for doing it.
- •3 Cause levels. Their definitions and examples.
- •Direct causes
- •Root causes
- •Reporting incident and accident onboard. The key stages in the accident investigation.
- •Near miss reports
- •Frauds with documents and cargo. Four scenarios.
- •Common law obligations of carriers. Common Law exemptions from carrier’s liability.
- •The objectives of the Hague-Visby Rules. Liabilities of carrier under the Hague-Visby Rules.
- •The exemptions from the carrier’s liability under the Hague-Visby Rules: Article 4, Rule 2(a).
- •Types of loss. Examples of actual total loss and constructive total loss.
- •Particular average: definition. Particular average compared to general average. Examples.
- •The main objectives of the York-Antwerp Rules. Rule a: ga definition.
- •Extraordinary expenditures and sacrifices. Examples.
- •Interested parties in ga and their relative interests in the maritime venture.
- •Documents and evidence required from a ship in a case of ga.
- •Collisions: definitions. Evidence prior to a collision and after a collision.
- •Sea protest. The procedure and the purposes of noting a sea protest.
- •Evidence required in a collision when a vessel is under pilotage, anchored or moored.
- •18.Interactive Root Cause Analysis illustrated with one of the cases.
- •The main purpose of accident investigation and the main reasons for doing it.
- •20. Reporting incidents and accidents on board. The key stages in the accident investigation.
- •4. 3 Purposes for deviation from the route of the voyage.
- •8.Ga contribution , bond and guarantee.
- •9.Ga adjuster and ga adjustment.
- •10.Ship’s agents and surveyors in ga.
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Common law obligations of carriers. Common Law exemptions from carrier’s liability.
Common law obligations of carriers:
The carrier must provide a vessel which is seaworthy.
The carrier must not deviate from the contract, geographically or otherwise, without justification.
The carrier must ensure his vessel will be ready to load the cargo.
Common Law exemptions from carrier’s liability:
Act of GOD - some unpreventable natural event e.g lighting or earthquake.
Act of Queen’s enemies - state or people with whom the carrier is at war during the carriage of the goods.
Inherent vice in the goods - natural tendency of a commodity to deteriorate without human negligence ,e.g fruit and fish deteriorating, liquids fermenting.
Negligence of the consignor - insufficient or defective packing of goods inside containers or cases.
Fraud of the owner or consignor of the goods - where the shipper makes an untrue statement to the carrier as to their nature or value, or their threat to safety as well.
Jettison or their proper General Average sacrifice - when cargo is properly damaged during the voyage in order to preserve the ship and other cargo from a danger threatening the entire «adventure».
A sea carrier will not be protected by the common law exceptions when:
His negligence is not taking reasonable steps to protect cargo from loss or damage
His vessel was unseaworthy at the start of the voyage
The loss or damage occurred while the vessel was unjustifiably deviating from the contract.
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The objectives of the Hague-Visby Rules. Liabilities of carrier under the Hague-Visby Rules.
The hague and hague-visby rules require the carrier to exercise due diligence to make the ship seaworthy before it puts to sea. Exercising due diligence means taking good care. Under this rules the carrier must take good care to look after the cargo from the time it is entrusted to him until the time that it is delivered to the receiver.
The main objective of the Hague and Hague Visby rules is to ensure that the cargo is delivered in like good order and condition which means that the condition of the cargo should not have deteriorated until it was in the care of the carrier. However, the Rules recognize the possibility that , for reasons beyond the control of the carrier, it may fail to meet that obligation.
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The exemptions from the carrier’s liability under the Hague-Visby Rules: Article 4, Rule 2(a).
Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:
a. Act, neglect or default of the master, mariner, pilot or servants of the carrier in the navigation or in the management of the ship.
b. Fire, caused by the fault of the carrier.
c. Dangers and accidents of the sea or other navigable waters
d. Act of God
e. Act of war
f. Act of public enemies
g. Arrest or restraint of princes, rules, people under legal process
h. Quarantine restrictions
i. Act of the shipper or owner of the goods, his agent or representative
j. Strikes or lockouts or stoppage of labour from whatever cause , whether partial or general
k. Riots and civil commotions
l. Saving or attempting to safe life or property at sea
m. Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality of the goods
n. Insufficiency of packing
o. Insufficiency of marks
p. Latent defects not discoverable by due diligence
q. Any other cause arising without the actual fault or privity of the carrier.