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The Carrier's Liability for Deck Cargo

Part of the Hamburg Studies on Maritime Affairs Book Series (volume 33)

DOI: 10.1007/978-3-662-46851-7

ISBN: 978-3-662-46850-0

Publisher: Springer Berlin Heidelberg - Springer Journals

Mar 16, 2015

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Chapter 1Introduction

Wiedenbach, Lina

Pages: 1 –3

[Carriage on deck without authorisation has long constituted a serious breach of contract. This state of law originates in the perception that the deck is not a proper place to stow goods. At the time of the drafting of the 1924 Hague Rules, the deck was a dangerous and unusual place to stow...
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Chapter 2Background

Wiedenbach, Lina

Pages: 5 –14

[The liability for deck cargo has long deviated from general cargo liability, essentially on the grounds that carriage on deck exposes the goods to additional risks. This is still so today, although the traditional risks involved in deck carriage have decreased considerably due to technical...
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Chapter 3Treaty Law

Wiedenbach, Lina

Pages: 15 –29

[This quotation originates in the preface to the Report from the International Law Association’s Hague Conference in autumn 1921, at the end of which most of the substantial provisions of the Rules had been agreed upon. Indeed, the Hague Rules, signed in Brussels 1924, did receive the...
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Chapter 4National Law

Wiedenbach, Lina

Pages: 31 –56

[The law of the Nordic countries and England shall, respectively, be presented in the following chapter in accordance with the legal traditions of the jurisdiction in question. Whereas in the Nordic countries, adhering to the civil law tradition, statutory law is the primary source of law,...
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Chapter 5When Goods May Be Carried on Deck

Wiedenbach, Lina

Pages: 57 –95

[The carrier’s liability for deck cargo, which shall be further developed in Chap. 6, is closely connected with the question of whether the goods have been stowed on deck with authorisation or not.]
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Chapter 6Liability for Deck Cargo

Wiedenbach, Lina

Pages: 97 –168

[Through the introduction of the 1994 NMCs, the carrier has been deprived of his former possibility under Nordic law to contract out of liability for deck cargo. The Codes essentially adopt the special liability regime for deck cargo under Art. 9 of the Hamburg Rules, based on a division into...

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