1. Carriage of goods Lectures by: Researcher
Dr. juris Ellen Eftestøl-Wilhelmsson
Scandinavian Institute of Maritime Law/Oslo
Intsitute of International Econmic Law/Katti

2. The lectures Four conventions Implementation, focus on maritime law
International carriage of goods by sea, air, road or rail; contract law
An overview of the different international transport regimes and their implementation in Finnish law
Four conventions
Implementation, focus on maritime law
Chapter 13 of the Finnish Maritime Code
The book: An outline of transport law – International rules in Swedish Context
Scandinavian law

3. Structure of the lectures
Based on the book
Monday
Transport law context
Judicial framework
Tuesday
The contract of carriage
The transport documents and their function
Wednesday
Carriers liability
Custody liability
Liability for performing the voyage
Liability for delay

4. Structure of the lectures (2)
Thursday
MS Matilde – practical assignment
Friday
Assessing the compensation
Carriage of goods performed by more than one carrier
Successive carriage
Multimodal carriage
Procedure in case of mishape

5. Transport law context Complex, involving different modes of transport
Transport industry crucial for trade
Complex, involving different modes of transport
Political sensitive
Major player on the market
Important to other parts of industry

6. Transport industry recognized as complex
The industry offers undertakings of different character
The transport services are sensitive to changes in commodity and goods flows
Historically factors can not be ignored
The international charcter of the transport

7. The common market transport policy
A common market for transport services or a common transport policy?
Art 70 EC – refers to a common transport policy
Art 80.2 Excluded air and sea transports, but ECJ ruled that general rules of the EC-Treaty are applicable
1985 ruling condemned the Counsil for lack of action on the area of a common transport policy
Inceasing activity since the1990-ies

8. Towards a green european transport policy?
The development of a new sustainable and competitive European Transport Policy
Problem: How to provide, in the most efficient manner, the services that are necessary for the contiued success for the single market while at the same time reduce the inefficiencies and imbalances of the system and safeguarding against the harmful effects that increased transport acitivity generates

9. What is transport law all about?
Broad: law conserning different modes of transport
Narrow; the relationship between the carrier and the transport customer/cargo owner
Contracting
Transport documents
Carrier liability

10. Important questions in transport law
The transport transaction is part of a complicated pattern
Who are the parties to the contract?
Transport is international in its character
Legal basis in conventions
Central parts are mandatory
What legal regime is appblicable (choice of law/mode of transport)
Regarding the liability
The period of liability
The base of liability
The limitation of liability
The procedure of claiming damages

11. Principles of transport law ?
Different conventions
Different modes of transport
Is there a common ground?
A factual view (Svante Johansson)
Common principles
Custody liability
The goods are paying the freight
Valuable goods not indemnified unless declared
The carrier is not liable for the packing

12. Judicial framework CMI UNCITRAL
Interntional conventions
Nordic cooperation since 1876
Maritime law
CMI
UNCITRAL
Rail
COTIF 1999, Appendix B on carriage of goods
Air
Warsaw convention 1929
Monteral convention 1999
Road
CMR 1956

13. The European Effort Opt out Strict liability with exceptions
Working on a regional legal regime on intermodal transport
Opt out
Strict liability with exceptions
Avaiting the Rotterdam Rules

14. Finnish/Nordic legislation based on international conventions
How to implement a convention
Signature/ratification not always enough
Automatic standing incorporation or legislative incorporation
Finland (and Nordic countries) legislative incorporation

15. The most important conventions
Maritime law
Hague Rules 1924
Hague Visby Rles 1968
Hamburg rules 1978
Rail - CIM (COTIF 1999, Appendix B)
Air - MC (Montreal Convention) 1999
Road - CMR 1956

16. The Finnish legislation
International carriage is convention based
Road/Rail/Air – not transelated
Maritime law
The Finnish Maritime code, chapter 13
”The convention”: The Hague Visby-convention
Section 13-1, number 6
But: also the Hamburg convention, when not divergin in substanse

17. The application of mandatory rules
Why we have mandatory rules
Harmonising effect
Minimum standard of carrier`s liability
Applicable for rules on liability, notice of claim, limitation of action and jurisdiction
Interpreting conventional based legislation

18. Contracts of carriage All conventions regulate transport of goods
A contract to perform transportation services by ship or other modes of transport
Sea transport:
Liner trade, general cargo carriage
Carriage of goods from one port to another. Often contracts with several cargo owners
The contracts: Bill of lading or sea way bill
Maritime Code ”Contracts of carriage”, Chapter 13
Voyage charters, quantity contracts and time charters
A ship is contracted out on a voyage or time charter. The charterer takes care of the commercial management.
The contracts: Voyage or time charterpary
Maritime Code ”Chartering of vessels”, Chapter 14
Other modes of transport
All conventions regulate transport of goods
Emnet for denne foreleseningsserien er stykkgodsbefraktning. Som ordlyden tyder på er det snakk om transport av gods - varer, fysiske gjenstander.Rederen kan selvsagt bruke skipet til transport av sine egne varer, men det vanligste er at han utfører transport for andre.
En avtale om å utföre transport med skip eller å stille et skips transportkapasistet til rådighet kalles en fraktavtale. Blant fraktavtalene sondres det vanligvis mellom stykkgodsbefraktning og certepartibefraktning.
Ved stykkgodsbefraktning er det vanlig at skipet går i linjefart fra hamn A til hamn B og rederen eller transportören tar imot gods fra flere ulikere sendere mot et fraktvederlag.Det vanlig er at linjen også besörger lassing og lossing. Transportören eller rederen har her selv både den nautiske (har hånd om skipet, utrustningen og mannskapet) og den kommersielle ledelse (bestemmer hva slag last, hvor og når det skal transporteres)
Ved certepartiebefraktning - tids- og reisecertepartier har transportören fremdelse den nautiske ledelsen, men han har overlatt den kommersielle ledelsen til bortfrakteren. Bortfrakteren (eieren/rederen) har her oftest bare en kontraktspart – berfrakteren, og feks i tidsbefraktning beregnes vederlaget etter den tid skipet står til befrakterens disposisjon.
Bestemmelsene om befraktning finnes i sjølovens del IV: Fraktavtaler. Kapittel 13 gjelder stykkgodsbefraktning og i kapittel 14 reguleres befraktning av skip – tids og reisecertepartiene. I denne forelsningsserien er det bestemmelsene om stykkgodsbefraktning som skal gjennomgås. Vi skal altså konsenterer oss om bestemmeslen i sjölovens kap 13.
Når det gjelder dokumenten som benyttes ved sjötransport, er det särlig konnossementet og sjöfraktbrevet vi skal konsenterer oss om. .

19. The parties in the contract of carriage
Contracts of Affreightment, FMC 13-1§
Carrier
Contracting shipper/Sender
Shipper/Actual shipper
The underlying sale
INCOTERMS
Road: Carrier/Sender (implied in CMR)
Rail: Carrier/Consignor CMI art 3
Air:Carrier/Consignor (implied in MC)
Sjölovens kap 13 innleder med å gi en rekke legaldefinisjoner som det gjelder å läre seg, for et av kjennetegnene ved transportavtaler til sjös er at det kan väre dels snakk om mange parter og dels snakk om mange ulike dokumenter. I tillegg benytte ulike betegnelse på partene i en avtale om stykkgodsbefraktning og på partene under et certeparti.
Da sjöloven ble endret i 1994 vurderte man hvorvidt det var nödvendig å innta en d
efininsjon av begrepet sjötransportavtale. Dette ble ansett unödvendig da hva en transportavtale er fremgår av definisjonen av partene i avtalen; transportör og sender. (Definert i Hamburgkonvensjonen)
Partene i en avtale om stykkgodsbefraktning heter i fölge sjölovens § 251 ”transportör” og ”sender”. Transportören behöver ikke väre reder eller eier av skipet, men blott den som ”inngår avtale med en sender om transport av stykkgods til sjös” Behöver ikke utföre dette selv – undertransportör. (i certepartiene – bortfrakter se § 321)
Sender er navnet på den som inngår befraktningsavtalen med en transportör. Dette kan både väre vareselger og – kjöper, avhengig av den underliggende kjöprettslige avtalen, derfor er det bra å ha en egen betegnelse på den som inngår transportavtalen. Begrepene ”transportör” og ”sender” angir altså partene i transportkontrakten. Transportören avgir transportlöftet og senderen er mottager av dette löftet. (Under et certeparti snakker vi om befrakter – reisebefrakter se §§ 321 og 328)
Avlaster – foruten partene i avtalen (transportör og sender) vil det väre flere andre som kan ha befatning med fraktavtalen. Den som faktisk leverer den omkontraktherte lasten til skipet” den som levere godset til transport” kalles avlaster. Det behöver ikke väre selger, det kan også väre kjöperen. Dette er avhenger av hva partene har avtalt. Skal lasten leveres fob eller cif ? SJEKK

20. The parties and others
The actual shipper; not part of the contract of affrightment
The FMC code establishes a quasi-contractual relationship
Has certain liabilities in relation to the carrier
May claim Bill of Lading, FMC 13-44§
Responsible for the accuracy of the statements relating to the goods entered in the bill of lading, FMC 13-51§
The receiver, not party to the contract
Not mentioned in FMC 13-1§
Might step into the contract depending of the wording of the Bill of Lading
The sub contractor (actual carrier)
Is liable for the transport performed by him FMC 13-36§
contracting carrier is still liable (vicarious liability)

21. The parties and others Rail carriage - CIM art 26;
Successive carriage
Every carrier liable for the entire route
Air carriage – MC art 30-40
Contracting carrier is liable for the carriage which it performs
Road carriage – CMR art 34
Principle of collective responsibility for carriers is recognised

22. The freight documents Sea Road Rail Air
Issued as evidence of the contract of carriage and a receipt of receiving the cargo
Sea
Bill of lading (negotiable) FMC 13-42
Sea way bill (not negotiable) FMC 13-58
Road
Consignment note CMR art. 4.
Rail
Consignment note CIM art 6-7
Air
Airway bill MC art 5 and 7
The freight documents:
Acknowledgement that goods of a certain nature and quantity have been received (receipt)
A promise to transport the goods
A document of title (only the person in possession of the bill of lading can obtain delivery)
Page 259

23. The Bill of Lading - negotiable
Signed by the carrier
Evidence of transport agreement between the line and the cargo owner
Booking note
Delivered without any formal preliminary contact
Document of title
Gives the holder
A right to dispose over the goods during transit
A right to take delivery at destination
The buyer can pay the purchased price in exchange

24. The Bill of Lading
Hamburg ruels and in FMC 13-42§§
Used in sea carriage
Issued on demand of the actual shipper FMC 13-44§
The content is regulated in FMC 13-46§
The nature of the goods, marks for identification, nubmer of packages etc – all as furnished by the shopper
The back of the BoL might contain the terms of the carriage

25. Other modes of transport: Consignments notes and air waybills
Evidence that the carrier has received the goods
Evidence of a contract carrige – including a promise to deliver the goods at their destination
Not negotiable – No document of title
The document is not a symbol of the goods
Rail – CIM art 7
Road - CMR art 5 and 6
Air – MC art 7

26. To what extent are the rules mandatory?
The rules are mandatory, but the carrier can take on more stringent liability
FMC 13-4, second para
Same for other modes, except road
CMR art 2

27. Contractual liability for damage, loss or delay
Contract of affrightment
Sender
Carrier
Damaged, lost, delayed
goods
Sales Contract
Receiver
SjSJø
FMC 13-24§§

28. The main rule on liability; FMC 13-25 §
FMC § : Negligence with a reversed burden of proof
FMC § : Exemptions (only in maritime law)
1) Fault or negclect in the navigation of the ship or
2) Fire
FMC §, second paragraph: not if ”initial unseaworthiness”

29. Non-maritime carriage
Road/Rail
Strict liability CMR art 18.1/CIM art 23 §1
Relieved in particular situations CMR art and CIMart 23 §2-
Presumption of non-liability if special risks
(open conveyances, loading by consignor, unloading by consignee, carriage of live animals)
CIM 24.2 and CMR
Air
Strict liability MC art 18
Exception for a very few force majeure events

30. Liability for loss, damaged or delayed goods: FMC 13-25 §
The cargo owner must prove;
That the goods have been damaged while in the carrier´s custody
That he has suffered economic loss
The carrier must prove himself innocent
That the damage is not a result of his own or any of his servants or representatives fault or negligence
In practical terms:
How the damage actually occurred
That neither he nor his servants were negligent
NOTE! A burden of proof assumes the availability of evidence. .

31. What must the carrier or his servants do to avoid being branded as negligent?
Breach of public regulations?
Has the carrier enough knowledge?
Not perfect – but reasonable fitness
The cargo owner must give the carrier necessary information
Not only the particular goods but also the type of voyage
Previous experience

32. The period of care, FMC 13-24 §
While the goods are in his or her custody instead of ”tackle to tackle”
At the port of loading (2. para)
From the carrier receives the goods
At the port of discharge (3. para) until the goods are :
Delivered to the receiver/consignee
Warehoused on the account of the receiver/consignee
Delivered to any authority according to law

33. Vicarious liability
Identification or privity
The neglect of servants is considered the fault of the carrier.
Vicarious liability is only presupposed in the code FMC §
Establishes pre-conditions for identification
Includes more than those directly employed by the carrier
Harbour workers? Yes
Shipyard employees and inspectors ?
see FMC 13-26§

34. Exemption from liability, FMC 13-26 § Who's fault or neglect?
Haag/Visby – Hamburg
Exemptions a & b kept,
” Fault or neglect in the navigation or management of the ship”
Who's fault or neglect is exempted?
Only fault/neglect committed by master, crew pilot or any other person performing work in the vessels service.
No need to be employed by the owner
Not owners own fault, or the fault of senior management
What if the ship owner and the master are the same person?

35. Exemption for navigational errors. What is included?
Navigation of the vessel
Steering and manoeuvring, response to signals etc.
Management of the ship
The ship's condition, manning and equipment
Borderline cases
Was the act or omission primarily in the interest of the cargo or the ship?

36. Exemption for fire FMC 13-26 (2) §
What fires are included in the exemption?
Fires caused by persons for whom the carrier is responsible
fires caused by negligent smoking by the crew (not liable)
Not fires caused by owner own fault, or the fault of senior management personnel (owner´s privity)
Fires due to inadequate fire procedures (liable)
What is a fire?
Open flame
Smouldering? Possible

37. Unseaworhtiness and the exemptions in 13-26 first para no. (1) and no
The exemptions do not apply when the damage, loss or delay is connected with initial unseaworthiness.
The ship being unseaworthy at the commencement of the voyage
The carrier, or someone for whom he is responsible, has not exercised due diligence to make the ship seaworthy

38. Seaworthiness Narrow sense; technical
What is seaworthiness?
Narrow sense; technical
Must be able to perform the voyage without endangering human life
Broad sense; in relation to the cargo/ cargoworthyness
The cargo can be expected to reach its destination undamaged.
The rule is only applicable to initial unseaworthiness
Gorgonzola & chocolate

39. Special risks in sea transport Deck cargo FMC 13-13§
Must be in accordance with a particular right
Contract of carriage, custom of the trade, statutory rules
Loss or damage; ordinary rules on liability (Negligence with a reversed burden of proof FMC 13-25§§)
Unit limitations applicable
Unlawful loading on deck (no legal base)
Special rules on liability in FMC 13-34§,
Strict liability
Loading on deck despite otherwise agreed
FMC 13-34§ second para:
Unit limitation rules can not be invoked

40. Special risks in sea transport Live animals FMC 13-27§
Liable under the ordinary rules (§275)
Not liable for special risks associated with such carriage FMC 13-27§

41. Dangerous cargo – regulated in all modes
Cargo, inherently dangerous
Definition is difficult
More than everyday risk
The International Maritime Dangerous Goods (IMDG) Code
Developed as a uniform international code for the transport of dangerous goods by sea covering such matters as packing, container traffic and stowage, with particular reference to the segregation of incompatible substances.
Lists of dangerous cargoes issued by United Nations Committee of Experts on the Transport of dangerous goods
Explosives
Gases
Flammable liquids
etc
Veiledning
FOR nr 406: Forskrift om transport på skip av spesielle eller farlige laster i bulk eller som pakket gods
Forskrift om frakt av farlig last på lasteskip og lektere. Fastsatt av Sjøfartsdirektoratet 29. juni 2006

42. Senders duty of disclosure FMC 13-7
The sender/contracting shipper has a duty of disclosure; The sender will be liable if the actual shipper fails to mark the goods and inform the carrier
The goods must be marked as dangerous
Reasonable notice must be given to the carrier
All relevant information must be given
FMC, 13-7§
Rail, CIM art 7 h and art 9
Road, CMR art 22
Air, document relating to the nature of the cargo MC art 6. dangerous cargo not allowed

43. The contracting shippers liability in damages
FMC 13-40§
General rule: not liable for damages unless fault or neglect
FMC 13-41
Dangerous goods

44. When the sender has not fulfilled his duty to inform FMC 13-41§
The carrier may refuse to take dangerous goods on board (breach of contract)
If on board: may discharge the goods or destroy them or render them innocuous
Not applicable when the carrier knows the cargo is dangerous
Except: Special rule on saving life and property – no obligation to pay damages;
An imminent risk which is about to materialise itself in damage

45. Strict liability on the contracting shipper/sender
FMC 13-41§ imposes strict liability on the sender
When the cargo is delivered
without information about dangerous characteristics or
Without information about necessary safety measures
Pre-condition: The carrier must not have had actual knowledge
Covers both (and only) carrier and sub-carrier

46. Liability for delay The goods are damaged or destroyed
The loss:
The goods are damaged or destroyed
Liability is regulated in FMC 13-25§
The goods are ok, but market conditions have changed (Christmas decoration in January)
Liability is regulated in FMC 13-28§
When is there a delay?
Starting point: FMC 13-12§ ”carried out with due despatch” (care)
FMC 13-28§ gives further guidelines:
Agreed delivery
Within the time which is reasonable to demand of a prudent carrier in the circumstances
No delivery? 60 days – total loss

47. Deviation
Traditionally; serious breach of contract
Today;
has the carrier chosen a reasonable voyage plan FMC 13-12§ and
is the cargo at destination within a reasonable time
FMC 13-25§ second paragraph: the carrier has a right to take measures to save human life or reasonable measures to save ships or other property at sea.

48. Calculation of damages
The ordinary starting point (economic loss) does not apply
Standardised loss rule in FMC 13-29§
Value of the goods
Exchange price, market price or current value of same goods
What about indirect or consequential damages?
has been accepted in arbitration practice, but no general rule

49. The unit limitation rules FMC 13-30§
667 SDR for each lost or damaged unit or
2 SDR per kilogram damaged or lost goods
SDR – Special Drawing Right (Chp 23 sec 2)
What is a unit ? FMC 13-31; container, pallet or other transport device
The text of the bill of lading is determinative
The limit of liability which results in the highest liability shall be applied
NOTE! The rules on liability does not apply where the carrier himself caused damage wilfully or through gross negligence FMC 13-33§

50. Notice and period of limitation
Notice of damage or loss FMC 13-38§
When the cargo is delivered
Immediately and written (1. sentence)
Or, if not apparent, three days after delivery (2.sentence)
Joint Inspection
No written notice needed (13-28§ sec. para)
Notice of loss in consequence of delay
60 days §, 3. para
Period of limitation- one year

51. Introduction - the bill of lading
Liability under the rules relating to bills of lading
Liability for wrongful delivery
distinct type of liability, (§§ 13-52,13-42)
Mis-description liability (FMC 13-50§)
No right of limitation shall apply (13-50,1.para, 2. sentence)
Implied transport liability (FMC13-49 third para)

52. The underlying sale and the bill of lading
Distance sale
The goods and the payment cannot be exchanged simultaneously
The buyer cannot inspect the goods
The bill of lading provides a description of the goods
The value of the description hinges to a large extent on the legal rules associated with it.

53. The content of a bill of lading (FMC 13-42§)
What should a bill of lading contain?
FMC 13-42§ requires that the document contains:
- evidence of an agreement of carriage by sea
- evidence that the sender has received or loaded the cargo”
- the words ”bill of lading” or make it apparent that delivery will only take place on presentation of the bill

54. The content of a bill of lading (FMC 13-46, 1. paragraph)
First paragraph no. 1
-the nature of the goods
- their dangerous properties
- the necessary identification marks
- the number of packages or pieces and
- the weight
All as stated by the shipper
First paragraph no 2
- the apparent condition of the goods and packaging
If this is missing, in apparent good order and
condition, 13-49, 1 para, 2 sentence
First paragraph no

55. The content of a bill of lading (13-46§, second and third para)
Shipped billl of lading must contain:
Nationality and name of the ship
Place of loading and the date when the loading was completed
The bill of lading must be signed
By the carrier or someone on his behalf
The master, FMC 6-8§; ”principal” (owner)/
Here: FMC 13-45§; ”carrier”
By someone who has been given the authority
An agent

56. What if some information is missing?
FMC 13-47§; still a bill of lading if the conditions in FMC 13-42§ is fulfilled
Must be named bill of lading or
Indicate that the goods only will be delivered against presentation of the document

57. Carrier's duty to check that the information in the bill of lading is correct
FMC section 13-48, first sentence
The carrier shall to a reasonable extent check the accuracy of the information on the goods entered in a bill of lading, sec 46 para1,1.
FMC section 13-48, second sentence ; must make a reservation
Reasonable grounds for doubting or
Not had reasonable opportunity to check
§ 299 third paragraph, second sentence; notation
Must state expressly that the information is incorrect

58. How detailed information?
Hamburg rules (art 16.1)
”must insert … a reservation specifying these inaccuracies, grounds of suspicion or the absence of reasonable means of checking”
Nordic legislation is not based on this rule
According to previous case law, sufficient to take a reservation ”weight unknown”

59. The carrier's liability for information in the bill of lading
Designed to protect individuals who rely in good faith on the information in the bill of lading
How far should the protection extend?
Is it enough that there is a gap between the information and the actual conditions of the goods?
Or do we need some culpable conduct causing the information to be misleading?
How should the damages be assessed in monetary terms?
Expectation interest (put in the situation as if the goods matched the description)
Reliance interest (put in the situation as if he had been actually informed)
Solution: Section and different liability regimes

60. Implied transport liability,13-49§, third paragraph
Only relevant when a third party has acquired the bill of lading in good faith relying on the accuracy of the statement in it
Then evidence on the contrary shall not be admissible

61. Implied transport liability, cont.
The third party must have paid the purchase price in exchange for the document
Or it is used as a negotiable document in international trade
A bank has acquired the bill of lading in connection with a letter of credits obligation
Or otherwise has extended credit using the bill of lading as security
The bill of lading is conclusive evidence of the condition and quantity of the goods at the commencement of carriage
Any difference between the description in the bill of lading and the conditions of the goods at delivery is treated as damage arising during transport

62. Implied transport liability, cont.
The basis of liability is FMC 13-25§; negligence with a reversed burden of proof
Exculpating evidence is not allowed (13-49, 3 paragraph)
The liability is unconditional
Quantum
The ordinary rules on cargo damage apply

63. Liability for incorrect description, 13-50§
Protects a third party who has acquired the document relying on the accuracy of the information provided
Basis for liability; 13-50§
”the carrier realised or ought to have realised” – not strict liability
That the information was objectively incorrect
That the information was likely to mislead a third party

64. The scope of the carriers liability
The holder of the bill of lading must receive compensation for losses suffered due to his reliance on the bill of lading
As if correct information was given (reliance interest)
Not defined as ordinary carrier of transport liability
Thus the unit limitation does not apply

65. Situations covered by both13-49 and 13-50
The cargo owner can choose which set of rules to apply

66. Shipper's liability to carrier
The Shipper:
Provides information as described in § 296 paragraph 1 no. 1
The Carrier will be held liable for this information thus;
Strict liability for information provided by the shipper, § 301 paragraph no 1

67. Fraud ”good order and condition” otherwise
The shipper needs a clean bill of lading
”good order and condition” otherwise
Difficulty to sell the goods – negotiating the bill of lading
Back letters/letter of indemnity
The back letters can not be invoked in a court of law in the case of fraud, § 301, second paragraph
The cargo owner will have a claim both against the carrier and the shipper
The cargo owner is entitled to be informed about possible back letters (§ 300)

68. How to obtain delivery of cargo
The receiver must be authorised §§ 292, 1. para no 2, 303 and 304
Who is authorised ?
Be expressly stated in the bill of lading (§ first para, first alternative) or
A series of endorsements are leading to the person demanding delivery ( § para, second alternative) or
There is an endorsement in blank /without naming the consignee (§ para, third alternative) and
Presents the bill of lading
The carrier must act bona fides; if he knows that the receiver is not authorised to demand delivery he cannot deliver the goods

69. Liability for wrongful delivery
The cargo should only be delivered against presentation of the bill of lading
What if an old customer provides a trustworthy explanation?
And a bill of lading holder appears subsequently?
The carrier will be subject to unlimited liability and his insurance will not help him.
Often he will require a guarantee from the receiver
Other documentary solutions may be possible – sea way bill

70. Sea waybills (§§ 308-309) Not negotiable documents
The presentation of the original document is not a pre-condition for delivery
Evidence of a contract of carriage
Acknowledges that the goods have been received
Contains an undertaking by the carrier to deliver the goods to the consignee named in the document

71. The content of a sea waybill,
Pre-conditions in § 309
Information about the goods
The name of the sender, consignee and the carrier
The terms of the carriage
The freight and other expenses
According to the preparatory work
The place of shipment and delivery
Whether the goods can or shall be loaded on deck
Exceptions are accepted
The sea waybill shall be signed (§ 309 and the reference to § 296 third paragraph)

72. The carrier's duty to inspect the cargo
MC § 309, 1.paragraph, 2. sentence – see § 298
Regarding the information mentioned in § 296 first paragraph no 1
And information on the condition of the goods and the packing

73. What are the consequences of issuing a sea waybill?
The waybill must specify the consignee
The sender still may instruct the carrier to deliver to another party
But not when the consignee has asserted his right to the goods (demanded delivery)
It is evidence of the contract of carriage and of receipt of the goods as described
§ 309 second paragraph
The shipper may demand a bill of lading (§ 308 third paragraph - § 294)
Not if the sender has waived his right to change consignee.

74. Liability for wrongful delivery
Who appears entitled to the goods pursuant to the text of the sea waybill
Can be uncertainty as to the party's identity
Change of consignee
Oral or written notice must be given to the carrier prior to the time limit in § 308 second paragraph
In sufficient time for the carrier

75. When are sea waybills issued and whom are they issued to?
Custom of the trade decides choice of document
The sender has the right to demand a sea waybill but must accept that the shipper receives it directly from the carrier