The Viability of the Term “Seaworthiness” Under the Hague-Visby Rules and the Carriage of Goods by Sea Act 1971

Abstract

In the 20th century, there has different kind of difficulties regarding sea carriage between the shipper and the ship owner. To reduce such complexities the International Law Association has implemented ‘The Hague Rules 1921’ which helps to govern the rights and liabilities of shippers and ship-owners. However, British Parliament passed the Merchant Shipping Act 1894 in favor of crew and passengers. Seaworthiness is a principle used since the twelve century when it was a moral obligation of a ship owner to provide seaworthy ships to secure the carriage. In 1893 the U.S.A. enacted the Harter Act to protect the shippers by forbidding shipowners from limiting their fundamental liabilities regarding seaworthiness. There are three international conventions in operation governing international maritime transport: the Hague Rules, the Hague-Visby Rules, and the Hamburg Rules. This coursework is going to critically evaluate the viability of the term ‘seaworthy’ under HVR. According to HVR Art III Rule I, shippers have the minimum liability of ‘due diligence’ regarding loss or damage of the carriage goods in the sea. Where as common law maximizes the carrier’s liability. This essay will challenge the duty of the shipper or carrier depending on the ‘onus of proof,’ fire exception and perils of the sea as well as the practicability of seaworthiness according to Hague Visby Rule. However, it will also represent some supporting arguments for the liability of ship owners, carriers, and cargo owners by analyzing the term ‘due diligence.’