Hague Visby Rules Essay Example | Topics and Well Written Essays - 1750 words - 1

Hague Visby Rules - Essay Example Consequently, exporters are bound by the rules. On the other hand, imports will only apply the Rules in the event that the goods came from countries governed by them. Exceptions will be made to parties that expressly agreed to the Rules in their bill of lading. This implies that when a carrier decides to ignore the use of a bill of lading, then he is not bound by the rules. Such a carrier has the mandate to introduce his own terms and conditions. Also, carriers my be exempt from the Rules when they choose to give a receipt instead of a bill of lading and in the event that they are operating between countries that are not bound by the Rules. This gives carriers undue advantage and can be a source of conflict. 2 There are certain limitations on the application of the rules that are not necessarily related to the bill of lading. For instance when the carrier is required to transport live animals, then he is not bound by the rules. Similarly, if the merchandise to be transported comprises of deck cargo, then parties are not obliged to apply the Hague Visby rules. Additionally, if a receipt rather than a contract was awarded, then the rules do not apply. The receipt must be a way bill i.e. it should be non negotiable. It should be noted that the Hague rules can apply to a given situation even when a bill of lading was not issued. ... Similarly, if the merchandise to be transported comprises of deck cargo, then parties are not obliged to apply the Hague Visby rules. Additionally, if a receipt rather than a contract was awarded, then the rules do not apply. The receipt must be a way bill i.e. it should be non negotiable. It should be noted that the Hague rules can apply to a given situation even when a bill of lading was not issued. The underlying need for a bill of lading is to indicate that a contract of carriage was present. Therefore other documents may replace the bill of lading and some of them include advertisements made by the carrier. Also a booking note may be taken as an indication of the contract of carriage alongside other documents that indicate to the shipper that a carrier is in operation. An example of these exemptions was in the case of Pyrene Company vs. Scindia Steam Navigation Company. 3 In this case, there was no bill of lading issued but it had been argued that the bill of lading was intended. It was based on the fact that the contract of carriage had been completed and a bill of lading would be given in the near future. It was held by the Canadian Supreme court that a limitation be paid by the offender given the fact that they contemplated introducing the bill of lading. Howev er, in circumstances where two parties intend on introducing a charter party, then the rules become irrelevant as seen in the case of Canada Steamship Co. vs. Desgagne. 4 The Hague rules apply to goods that have been received in reality. In the event that the goods have not been delivered, then the contract of carriage is invalid i.e. it will not commence. This means that no party can sue for damages for goods that