Hague Rules

About Hague Rules 1924

• Official Title – The International Convention for the unification of
certail rules of law relating to Bill of lading & protocol of signature.
• outdates English Common Law- Favours Carriers over shippers.
• English law provided more protection for cargo owners and imposed
more liabilities upon carrier.
• With Hague- Carrier has greater bargaining power
• Set of international rules for the international carriage of goods by
sea.
• Drafted in 1924 in Brussels
• Objective- To establish minimum affreightment obligations upon
carrier.
• Shippers bears the cost of lost / damaged goods if they cannot prove
that the vessel was unsearworthy, improperly manned or unable to
safely transport and preserve the cargo.
• Carriers can avoid liabilities for risks resulting from human errors
provided they exercise due deligence and,
• vessel is properly manned and seaworthy
• Rules amended in 1931, 1977 and 1982 to become the hague visby
rules. (In 1968, the Rules became known colloquially as the Hague–
Visby Rules)
• UN established more modern sets of rules- Hamburg Rules effective
1992.
• Also a more radical and extensive set of rules is Rotterdam Rules.
Hague Visby Rules
• Updated version of Hague rules
• In 1968, the Rules became known colloquially as the Hague–Visby
Rules
• The Hague–Visby Rules were incorporated into English law by the
Carriage of Goods by Sea Act 1971.
Carriers Duties
• Properly and carefully load, handle, stow, carry, keep, care for and
discharge the goods carried
• Exercise due deligence- carrier must be careful, reasonable and
honest to make ship seaworthy.
• Make ship seaworthy
• Properly man, equip and supply the ship
• The carrier's duties are not "strict", but require only a reasonable
standard of professionalism and care.
Exemptions
• allows the carrier a wide range of situations exempting them from
liability on a cargo claim-
• Destruction or damage to cargo by fire
• Perils of the sea- stormy weather, collision, wreckage
• Act of God- Earthquate, Tsunami- outside human control
• Act of war- Armed conflict between countries
Shipper’s duties
The shipper has fewer obligations namely:
• (i) to pay freight;
• (ii) to pack the goods sufficiently for the journey;
• (iii) to describe the goods honestly and accurately;
• (iv) not to ship dangerous cargoes (unless agreed by both parties);
and
• (v) to have the goods ready for shipment as agreed; (q.v."notice of
readiness to load