Jurisprudence on Interpretation of the Hague-Visby Rules: Cargoworthiness
v.Adriatica di Navigazione - The "Egizia"
(2001 Dir. Mar. 1450)Plaumann and Co. GmbH of Hamburg purchased 480 tons onions which were loaded in Alexandria, Egypt on the m/v Egizia of Adriatica di Navigazione S.p.A. and carried from Alexandria to Trieste. A clause was inserted in the bills of lading to the effect that the consignment consisted of perishable goods and that the vessel was not responsible for damages. At discharge the goods were found to be seriously damaged and their sale for human consumption was denied. Plaumann and Co. commenced proceedings before the Tribunal of Venice against Adriatica di Navigazione claiming damages. The claim was rejected by the Tribunal of Venice and Plaumann and Co. appealed to the Court of Appeal of Venice.
Held, by theCourt of Appeal of Venice
, that:(1) The bill of lading clause which exonerates the carrier from liability in respect of damage to perishable goods stowed in the holds is null since it is in conflict with Art. 3 r. 1(c) of the Hague-Visby Rules which expressly provides that the carrier has the duty to make the holds fit and safe for the reception, carriage and preservation of the goods, as well as with Art. 3 r. 8 which provides that any clause relieving the carrier from liability is null and void.http://www.comitemaritime.org/jurisp/ju_billading.html
You may also be interested in:
Our Americas Members often deal with contracts of carriage subject to the US Carriage of Goods by Sea Act ("COGSA") and the Harter Act, this article addresses some frequently asked questions
There has been a change in ownership of the E-TITLE electronic trading system and its underlying legal framework to software technology firm, R3; There has been a change in trading name of the E-TITLE electronic trading system to Corda eBL; Members are invited to take note of how the Corda eBL software will operate.
Inflated Medical Damages in California State Courts: A brief analysis of Howell v. Hamilton Meats and how to prevent "unreasonable" costs
In a costly new trend, California Plaintiffs' attorneys are referring their personal injury clients to expensive, lien-based medical providers to skirt the California Supreme Court's decision in Howell v Hamilton Meats which limits plaintiffs to recovering the actual amounts paid for medical treatment not the amounts billed
Circular 09/22: EU Sanctions - clarification published on the carriage of certain Russian cargoes including coal and fertilisers
On 19 September 2022 the EU further amended its FAQS clarifying the application of provisions relating to the carriage of certain cargoes from Russia, including coal and other solid fossil fuels as well as certain types of fertilizer.