Hague Rules

What’s your limit? Limitation of liability in shipping

Pictured: contractual liability; photo credit Scott Graham via UnSplash

Lawyers Joe Hurley and Ryan Hunter of HWL Ebsworth, write:

Like the drunken sailor, a good mariner must know his limits. And the same is true at law. Ordinarily in Australian law, parties are free to agree their own limits in their contracts, and liability outside of contracts can be as great as the damage suffered.

However, in maritime law, the position changes thanks to Australia’s adoption of international treaties and...

https://shippingaustralia.com.au/whats-your-limit-limitation-of-liability-in-shipping/

Carriers Beware: Clarifying The Onus in Cargo Damage Claims

Coffee Beans

In an important judgment for cargo owners and their marine insurers, the UK Supreme Court has held that a carrier who seeks to rely on an inherent vice exception to liability contained in the Hague Rules when defending a cargo damage claim must prove either that it took reasonable care of the cargo but the damage occurred nonetheless; or else that whatever steps might have been taken to protect the cargo from damage would have failed in light of the cargo’s inherent propensities.

This judgment...

http://www.sashippingnews.com/2019/06/07/carriers-beware-clarifying-the-onus-in-cargo-damage-claims/