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1、（4）The standard of seaworthiness: relative seaworthy, exercise due diligence It is the same as the Harter Act 1893 of the US However, in the common law system the standard of absolute seaworthiness has been adopted (5) The independent contractor (6) The causal relationship between damage of goods an
2、d unseaworthiness Case10 The change of duty of making the ship seaworthy under the Rotterdam Rules How to understand such responsibility (1) To provide a ship as agreed (2) the meaning of making the ship seaworthy: narrow sense broad sense ABCDE range range rangerange voyage Different legal effects:
3、 Case9 3. without unreasonable deviation CMC article 49 Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an act deviating from the provisions of the preceding paragraph. Reasonable Deviation （1）Its reasonable for both parties
4、 （2）Theres a deviation clause in B/L and actual deviation doesnt exceed this scope. （3）Theres no serious conflict between deviation and the task of voyage. （4）Other reasonable causes Case11 The carrier shall carry the goods to the port of discharge on the agreed or customary or geographically direct
5、 route. 4. to reasonable dispatch The liabilities of delay in delivery（CMC 50（1） ） Article 290 of Contract Law Suggestion of amendments: Plan A :add“ reasonable time” Plan B: make it clear that delay refers to fail to delivery the goods in agreed discharging port within agreed period. Article 21 of
6、the Rotterdam Rules states that delay in delivery means fail to delivery the goods in agreed place of the contract within agreed period. agreed time or reasonable time 5. Liability to compensate damage CMC Article 46(1) Pay attention to the compensation for the damage caused by mixed caused （CMC 54）
7、 It is different from article 9 of US COGSA 1999 对可免责与不可免责的原因造成的货损，承运人或船舶对 （1）索赔方能够证明归因于承运人违反义务或过失造成 的灭失或损坏负责；（2）承运人证明归因于免责的原因 造成的灭失、损坏不负责。如果不能区分，则负一半责 任。 During the period the carrier is in charge of the goods, the carrier shall be liable for the loss of or damage to the goods, except as otherwise
8、provided for in this Section. UNCITRAL Transport Law Draft: the carrier is responsible for half of the liability Article 17 (6) of the Rotterdam Rules: When the carrier is relieved of part of its liability pursuant to this article, the carrier is liable only for that part of the loss, damage or dela
9、y that is attributable to the event or circumstance for which it is liable pursuant to this article. The liability for delay in delivery of the carrier CMC 50 （2）（3）（4）： The liability for live animals of the carrier CMC 52 The liability for deck cargo of the carrier CMC 53 Hb.R: Art. 9 RmR:Article 2
10、5 (2) The basic rights of the carrier 1. The right of claims for freight, dead freight, demurrage and other charges advance freight/freight prepaid Freight freight to collect/freight payable at destination Article 314 of Contract Law Where the goods are destroyed due to force majeure during the peri
11、od of carriage and the freight has not been collected, the carrier may not request the payment of the freight. Where the freight has been collected, the shipper may request the refund of the freight. 2. Lien on cargo : CMC 87 ，CMC 88 Art 315 of Contract Law： Where the shipper or the consignee fails
12、to pay the freight, storage expense and other carriage expenses, the carrier is entitled to lien on the relevant carried goods except as otherwise agreed upon in the contract. Article 49 of the Rotterdam Rules: Retention of goods Nothing in this Convention affects a right of the carrier or a perform
13、ing party that may exist pursuant to the contract of carriage or the applicable law to retain the goods to secure the payment of sums due. 3. Rights of immunities：CMC 51 Hague Rules: Art.4(2). The basis of liability of the carrier: incomplete fault liability system RmR：Article 17 (1) exceptions of m
14、anagement and navigation of the ship the difference between managing ship and managing goods: the theory of behavioral object and the theory of purpose (2) exemption of fire The burden of proof: the claimer should prove its the fault of the carrier. (3) other exemptions 4. Rights of LOL （1）The amoun
15、t of compensation for the goods and limit of liability a. the amount of compensation CMC 55 b. limit of liability CMC 56，CMC 57 HR article 4(5): In any case limit of liability shouldnt exceed 100 pounds per package or per shipping unit. HvR article 4(5): 10000 francs per package or 30 francs per kil
16、ogram, whichever is the higher; The 1979 protocol of HvR: 666.67 SDR per package or 2 SDR per kilogram, whichever is the higher; HbR: 835 SDR per package or 2.5 SDR per kilogram the limit of liability of delay in delivery: 2.5 times of the freight Rm.R: 875 SDR per package or 3 SDR per kilogram COSCO B/L：before the CMC was entered into force, article 12: 700 RMB per package or per shipping unit. Currently, the LOL under the CMC is applied. The meaning of package（图） （CMC 56（2）
