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International Journal of
Law
ARCHIVES
VOL. 5, ISSUE 5 (2019)
The carrier strict liability in the carriage of goods by sea: Instituting the carrier liability regime under Hague and Hague-Visby rules
Authors
Gabriel EB Inyang, Nkasi I Ofem
Abstract
The present rules governing the carriage of goods by sea evolved in different climes variously in form and substance. Different rules were developed by many maritime nations and merchants at their pace and time. Until the later part of the 19th century, the general law principle was that the carrier was strictly liable as an insurer of the cargo. Nevertheless, this idea of strict liability of the sea carrier is not clear in the civil law jurisdictions contrastingly, there are abundant evidence of this in common law countries. With time, the bills of lading began to allocate risks between the carrier and cargo interests, legislative measures to control a considerable exemption of liability of the carrier in the bills of lading were put in place. The Hague rules came into being as the first set of rules creating a uniform international carrier liability regime, followed by The Hague-Visby rules. This article seeks to appraise the carrier’s strict liability in contemporary liability regime.
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Pages:73-79
How to cite this article:
Gabriel EB Inyang, Nkasi I Ofem "The carrier strict liability in the carriage of goods by sea: Instituting the carrier liability regime under Hague and Hague-Visby rules". International Journal of Law, Vol 5, Issue 5, 2019, Pages 73-79
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