Original scientific paper
Deprivation of limitation of the carrier's liability in the carriage of goods by sea
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split
Abstract
The Hague Rules did not expressly regulate the deprivation of limitation of the carrier's liability. In national laws different solutions exist (the basic dilemma: being the deprivation of this right only because of an intentional wrong of the carrier or also because of his gross negligence).
The Visby and the Hamburg Rules deprive the carrier of the right to liability limitation if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result, but only for his actual fault or privity.
The author especially analyses the concept of ''recklessly'' as compared to the notion of ''wantonness'' and ''wilful misconduct'' in common law.
In conclusion, the author argues for the adoption of the convention's uniform text in national laws.
Keywords
carrier's liability limitation; carriage of goods by sea; gross negligence;
Hrčak ID:
215880
URI
Publication date:
27.4.1989.
Visits: 586 *