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ARTICLE · 19 APRIL 2018

Hague Rules "Package Or Unit" Limitation Does Not Apply To Bulk Cargo

A cargo of fishoil was carried on board the tanker Aqasia under a voyage charterparty which incorporated Article IV of the Hague Rules. Art IV, r 5 states ...

United KingdomTransport

A cargo of fishoil was carried on board the tanker Aqasia under a voyage charterparty which incorporated Article IV of the Hague Rules. Art IV, r 5 states:

"... Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding 100£ per package or unit, or the equivalent of that sum in other currency ...."

(The wording under the Hague-Visby rules is significantly different.) On arrival at the discharge port, part of the cargo was found to have suffered damage. The charterer claimed damages from the owners. Owners accepted in principle that they were liable, but argued that they were entitled to limit their liability under Art IV, r 5 of the Hague Rules to £100 per mt of the cargo damaged.

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