Loss or damage from the shipment of goods : rights and liabilities of the parties to the maritime adventure

Abstract

Cases where the sea-carrier suffers loss or damage as a result of the shipment of goods are not uncommon. Hence, the law relating to "dangerous goods" occupies an important, though often overlooked, aspect of maritime law.

In this context, there exist a number of legal doctrines which determine the rights and liabilities of the parties to the maritime adventure. Within the common law itself there are several analyses, each with their distinct approaches. There are also the provisions of international conventions which are applicable to certain goods in given situations.

It is, therefore, the objective of this thesis to make a clear and comprehensive exposition of the issues related to this facet of maritime law. Central to the theme of this thesis is the proposition that there should be a general approach to liability based upon loss or damage from the shipment of goods, instead of a narrow inquiry attached to the notion of "dangerous" goods. A general approach does not, however, mean that there is a panacea for all problems. Indeed, the law as it is requires a purpose-designed investigation into the legal regime applicable. Thus, it is hoped that the discussion herein could provide a reference for any further study on this area of the law in the future.

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