Critically assess the impact of the Hague-Visby Rules in relation to Essay

Critically assess the impact of the Hague-Visby Rules in relation to duties of a carrier - Essay Example Introduction Before and at the start of 19th century , a bill of lading offered by a ship owner contained wide exclusion clauses due to which a genuine claim cannot be made against the carrier in case if there was a loss or damage to the cargoes. The Hague Rules were consented in an international conference held at Brussels in the year 1924, and it is concerned with the accountability for damage or loss to goods carried by a ship under a bill of lading. The Hague regulations were intended to be applicable to all exports from any country, which acknowledged The Hague regulations. ... It is to be observed that 1968 amendment which is known as Hague-Visby Rules (hither after will be referred as HvR) advocated a variety of changes which is intended to be applicable to all bills of lading where (a) the shipment is made from a port of a nation which ratified it, b) if the place of issue of bill of lading is in a ratifying country and c) where the Hague-Visby Rules are applicable to the bill of lading contractually1. 2. The impact of the Hague-Visby Rules in relation to duties of a carrier 2.1 The main objectives of the HvR The main aim of the HvR is to modify The Hague Rules since there were lot critiques especially about the rules on restriction of liability per package or per kilo as the quantum of restriction was too little and less due to technological advancement like usage of pallets, use of containers, etc which demonstrated that the present rules were not adequate and hence, appropriate reforms were introduced through Hague –Visby Rules2. 2.2 Scope of a pplication of HvR HvR is applicable only for contract of carriage where there is a bill of lading or port of loading should be within a contracting State. Thus, HvR is not applicable to a contract of voyage if the port of loading is situated in a non-contracting State to a port of discharge, which is situated in a contracting State. Bill of lading is the essential criteria for the application of HvR. In Pyrene Co Ltd v Scindia Navigation Co3, though, Art 1 (b) demands that contract of carriage is applicable only to contracts of carriage covered by a bill of lading, when an accident happened in the above case, no bill of lading was issued by the career, and it was held by the court that the carriage was yet