Abstract
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 cargo, made use of only in certain local trades. In order not to interfere with the freedom of contract in these trades, deck carriage with authorisation was excluded from the scope of the Rules and their mandatory liability regime.
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- 1.
Tetley (2008), p. 1617.
- 2.
Indeed, there is no “Nordic law” in the term’s true sense. However, the Swedish, Norwegian, Danish and Finnish Codes were drafted in close collaboration, resulting in four codes with essentially identical content as to contracts of affreightment – see Sect. 4.1.1.
- 3.
Without officially adopting the Hamburg Rules, the Nordic countries have extended the scope of application of the Hague-Visby Rules on essentially every matter excluded under Art. I of the Hague-Visby Rules – see Sect. 4.1.4.3.
- 4.
Which is somewhat imprecisely referred to as “shipper” in this work, but which includes also, unless nothing else is indicated, a consignee or other third party holder of the bill of lading or an insurer entitled to claim damage based on a right of recourse.
- 5.
As opposed to bulk cargo. The term in this context, thus, includes also containerised goods in accordance with the use of general cargo under the 1994 Nordic Maritime Codes, although the writer is aware that the term general cargo is often used differently in shipping to connote cargo which is neither bulk nor containerised.
Reference
Tetley W (2008) Marine cargo claims, 4th edn. Thomson Carswell, Cowansville
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© 2015 Springer-Verlag Berlin Heidelberg
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Wiedenbach, L. (2015). Introduction. In: The Carrier's Liability for Deck Cargo. Hamburg Studies on Maritime Affairs, vol 33. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-46851-7_1
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