Part of an asphalt drying and mixing plant had been shipped on deck in breach of contract. The court asked whether the shipment on deck disentitled the shipowner from relying on Article IV rule 5.
Held: A carrier by sea, who carries cargo on deck in breach of a contract of carriage which is governed by the Rules, can not take advantage of Article IV rule 5 to limit his liability for loss or damage to that cargo.
Judges:
Hirst J
Citations:
[1989] 2 Lloyds Rep 494
Statutes:
Jurisdiction:
England and Wales
Cited by:
Not followed – Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another ChD 2002
. .
Cited – Daewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another CA 3-Apr-2003
The carrier had loaded the cargo on the ship’s deck, despite a clause requiring it to be stowed in a hold. The charterparty sought to use the breach to remove the carrier’s limit of liability. The older form of Hague rules applied.
Held: It . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 21 June 2022; Ref: scu.181080