Monday, 29 August 2011

Explain the main duties and liabilities of carrier under the carriage of goods by sea Act 1925

Following are the important duties of carrier by sea :

1. Ship Must Be Sea Worthy :-
It is the duty of the shipping company that before the departure of a ship it should check the fitness of ship. It should be properly managed by the qualified staff. All the parts of the ship must be checked.

2. Issuance Of Bill Of Lading :-
It is the duty of the incharge of the ship that he should issue the bill of lading after the receipt of goods.

3. Safety Of Goods :-
During the voyage, it is the duty of the ship master to take reasonable care of the goods.

Following are the important liabilities of the carrier by sea :

1. Negligence Liability :-
If the loss occurs due to the negligence of the shipping company to the goods delivered for carriage. The shipping company is liable for that damage or loss.

2. Liable Upto One Year :-
In case of loss and damages the shipping company is liable if the suits for recovery of loss is brought with in one year. After a one year no suit can be brought against the shipping company.

3. Liability Of Maximum Value :-
Generally shipping company is liable for the prescribed value liability. But sometimes both the parties agree for maximum value liability. In this case company is liable for that maximum value fixed by the parties.

4. Value Not Declared :-
The shipping company is not liable for any loss or damage of such goods whose value is not declared by the owner of goods.

5. Nature Of Goods Not Declared :-
The carrier cannot be held responsible if the shipper has not declared the nature of goods. Sometimes goods are dangerous or perishable nature if these are destroyed during loading or unloading the liability do not fall on the shipping company.

6. Misstatement About The Value :-
Shipping company is not liable of any loss or damages if the shipper has misstated the value of goods.


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