Limiting liability for misdelivery
Limiting liability for misdelivery
In The MSC Amsterdam, cargo was misdelivered from a container yard, after it had been discharged from the carrier’s ship. The liability for such misdelivery has been long-established, but the importance of the case lies in its consideration of how a carrier can limit the amount. There is, in Longmore LJ’s judgment, a considered analysis of when the Hague or Hague-Visby regimes (including the package limitation) can extend beyond discharge, and of the ability of carriers alternatively to limit their liability for post-discharge misdelivery, by express contractual provision. There is lengthy consideration of the application of the Hague-Visby Rules to carriage from South Africa (a non-Contracting State which has nonetheless enacted legislation bringing the Rules into force), and of assessment of damages for conversion, where there is a significant market rise after the initial conversion, but during the period of detention of the goods.
214-229
Todd, Paul
ccd4b3f3-16ae-474f-90ac-bba7d8bba9fc
2008
Todd, Paul
ccd4b3f3-16ae-474f-90ac-bba7d8bba9fc
Todd, Paul
(2008)
Limiting liability for misdelivery.
Lloyd's Maritime & Commercial Law Quarterly, 2008 (2), .
Abstract
In The MSC Amsterdam, cargo was misdelivered from a container yard, after it had been discharged from the carrier’s ship. The liability for such misdelivery has been long-established, but the importance of the case lies in its consideration of how a carrier can limit the amount. There is, in Longmore LJ’s judgment, a considered analysis of when the Hague or Hague-Visby regimes (including the package limitation) can extend beyond discharge, and of the ability of carriers alternatively to limit their liability for post-discharge misdelivery, by express contractual provision. There is lengthy consideration of the application of the Hague-Visby Rules to carriage from South Africa (a non-Contracting State which has nonetheless enacted legislation bringing the Rules into force), and of assessment of damages for conversion, where there is a significant market rise after the initial conversion, but during the period of detention of the goods.
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Published date: 2008
Additional Information:
ISBN 1859789781
Organisations:
Southampton Law School
Identifiers
Local EPrints ID: 342814
URI: http://eprints.soton.ac.uk/id/eprint/342814
ISSN: 0306-2945
PURE UUID: 534738ed-ab4a-4a6a-b891-a52997be492e
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Date deposited: 13 Sep 2012 15:52
Last modified: 11 Dec 2021 00:53
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