An analysis of the reasons for exempting the maritime carrier from liability in accordance with the rules of Lahay

Abstract

The contract of maritime carriage of goods establishes several commitments on the carrier, including with regard to goods, and others with regards to the ship. If the carrier breaches those commitments, it will be liable about them. However, notwithstanding the requirements of that responsibility, the Hague Rules allowed the maritime carrier to be relieved of liability if it proved that the damage was caused by an act listed in the list of reasons for exemption from liability under article 4 of the Convention and which include reasons for exemption which listed exclusively. Each exemption clause of liability is listed in the contract and it is considered as if it did not exist if he comes out of it. This list includes reasons for the ship; the maritime carrier may be exempted from liability because of the ship's lack of navigation, the ship's hidden faults, which can not be identified despite the usual care, sea or navigational error, alteration of the ship's route or direction. The list also includes reasons related to shipload; the defect related to the goods, the decrease in volume and weight during transport, the fault of the party responsible for loading and shipping the goods, as well as the fault of the goods owner, his agent or his representative. The list also includes reasons for exemption from liability not related to the ship and its cargo, namely fire, force majeure, risks and maritime accidents, acts of war, acts of common enemy such as pirates, acts of public authorities or the act of the Emir, judicial detention, as provided for in Article 4-2-q of the Hague Rules.