Other
Carriage of containers - Liability of the carrier and actual carrier against the insurer - Limited liability of the carrier : [case review and note]
Pave Dević
Branko Jakaša
Abstract
In the case of a through carriage which is insured, the carrier issuing the bill of lading for the whole carriage is responsible to the insurer subrogated to the insured rights. The actual carrier issuing the bill of lading only for a part of the carriage is responsible only for the part covered by the insurance. If damage has occured after the discharge from a ship on the part of a carriage which is not covered by insurance, the actual carrier is not liable if the carrier responsible for the whole carriage is liable. If it is stated in the bill of lading that the liability of the carrier is limited for the whole package, regardless of the circumstances taht the number of packages is entered in the bill of lading, the entire package will be considered a unit of cargo.
Keywords
case review; carriage of containers; carrier's liability; actual carrier's liability; cargo insurance; limitation of liability;
Hrčak ID:
208939
URI
Publication date:
12.11.1993.
Visits: 562 *