Other
Carriage of goods by sea - Liability of the ship operator - Assignment in favour of the cargo underwriters : [case review]
Andrija Eraković
Abstract
In this case the cargo was improperly loaded and stored on a ship and therefore a part of it was damaged during carriage. The ship operator is liable for improper loading of the cargo as well as for improper order of unloading of the cargo.
Namely, during unloading the rotted and/or damaged cargo has been unloaded last. The cargo underwriters have indemnified the cargo receiver and on the basis of the written assignment claim to be reimbursed by the ship operator who objected because the order firm's name was stated in the assignment document. The Court rejected the objection with an explanation that it was only an obvious error scribendi.
In this case one of the issues was also the question as to the cause of the damage and the Court of the second instance ordered an opinion from an expert for transport. The fact that the Court of the first instance did not appoint such a type of expert as indicated by the Court of the second instance does not render the decision null and void because the Court of the first instance is free not to follow fully the orders of the higher Court if all other evidence points to the conclusion that all material circumstances are properly established.
Keywords
case review; carriage of goods by sea; ship operator's liability; cargo - unloding - damage; assignment (cession);
Hrčak ID:
215818
URI
Publication date:
18.12.1989.
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