Review article
Delay in delivery of the cargo in CMI issues of transport law
Petar Kragić
; Tankerska plovidba, Zadar, Hrvatska
Abstract
The article analysis carrier's liability for delay in delivery of the goods under the rules of CMI Draft Instrument otl Transport Law and explains the proposals made by the Croatian MLA delegation at ISC Madrid conference on 12 and 13 November 2001. In case of delay in delivery of the goods the carrier shall be liable for consequential loss (in draft wording : loss not resulting from loss or damage to the goods) because the consignee has been deprived of using the goods during the period of delay, However, on the other hand, if the consignee is deprived of using the goods for the same period of time
due to necessary repairs of damage suffered by the goods (which otherwise were delivered on time) during the transport, then the consignee shall be denied of consequential loss. There is, in principle, no reason to distinguish damages for loss or damage to the goods from damages for delay. Therefore the suggestion is to treat loss and damage to the goods in the same way as the loss or damage suffered through delay of the goods. Same limit of liability should be applied for both types of damage. A pragmatic approach (justified by low freights per unit in contemporary mass transportation, problematic prove of the consequential loss, and its possible large magnitude) would point towards exclusion of the consequential loss resulting from delay in delivery, allowing, however, the parties to the contract of carriage to agree on such liability, presumably for a higher freight, if the shipper wishes to be in position to hold the carrier liable for delay in delivery of the goods.
Keywords
carriage of goods by sea; delay in delivery; carrier's liability; CMI Final Draft Instrument of Transport Law
Hrčak ID:
42217
URI
Publication date:
1.12.2002.
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