Recovery of Losses, Damages, and Delay in Delivery in the Admiralty Cases According To the Iraqi Jurisprudence

Abstract

The liability of the carrier under the Iraqi Transport Law, which emerges from the carriage contract in cases of loss, or damage to the goods as well as from delay in delivery, is the same principle as Article S para 1 of the Hambury Rules. Whereas, liability under the Hague/Visby Rules is only in respect of loss of, or damage to the goods. The carrier is liable for loss of, or damage to, the cargo, or delay in delivery, whether prior, during or subsequent to the course of the voyage, while the goods are in his charge. That does not mean that the carrier is liable for any loss of or damage to the cargo resulting from the carriage adventure, wilful misconduct, fraud or gross negligence on the part of the consignor or consignee or his servants or agents while the goods were under their supervision and custody during the course of carriage. I will discuss the following points: I. Losses. II. Damages. III. Delay in delivery. IV. Measures of damage. V. Procedures of Action for Lost, or Damaged Cargo according to the Iraqi Transport Law.