carrier immunities
4.0 CARRIER’S IMMUNITIES FROM UNSEAWORTHINESS OF SHIP
According to Hague-Visby Rules, Article 1 (a), carriers include owner or the charterer who enters into a contract of carriage with the shipper. The carrier will not be liable for losses or damage to cargo if it falls under any of the circumstances stated in the carrier’s immunities. First, in the Art IV rule 1 if the carriers exercises due diligence, immunities will be given only against latent defects that is not discoverable on a reasonable inspection. Second, negligence in navigation or management of the ship as held in Art IV rule 2 where losses or damages to goods as a result of the act, neglect, default of master, mariner, pilot or servant of the carrier in navigation or management of the ship. Third, from Art IV rule 2 (b), carrier is excluded from liability to the loss or damage caused by fire unless is caused by the actual fault of the carrier. Perils of the sea, as in accordance to Art IV rule 2 (c), where perils of the sea is referring to any damage caused by pirates, storms, collision which could not have been avoided by exercise of reasonable care, the carriers will be given immunities. Fifth, any act which are independent from intervention of human being namely act of God that cannot be prevented, carrier is exempted from being liable to the damages of goods (Act IV Rule 2 d).
In the Act IV Rule 2 (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), and (q), where (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers or people, or seizure under legal process; (h) quarantine restrictions; (i) act or omission of the shipper or owner of the goods, his agent or representative; (j) strikes or lock-outs or stoppage or restraint of labor from whatever cause, whether partial or general; (k) riots and civil commotions; (l) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect,
According to Hague-Visby Rules, Article 1 (a), carriers include owner or the charterer who enters into a contract of carriage with the shipper. The carrier will not be liable for losses or damage to cargo if it falls under any of the circumstances stated in the carrier’s immunities. First, in the Art IV rule 1 if the carriers exercises due diligence, immunities will be given only against latent defects that is not discoverable on a reasonable inspection. Second, negligence in navigation or management of the ship as held in Art IV rule 2 where losses or damages to goods as a result of the act, neglect, default of master, mariner, pilot or servant of the carrier in navigation or management of the ship. Third, from Art IV rule 2 (b), carrier is excluded from liability to the loss or damage caused by fire unless is caused by the actual fault of the carrier. Perils of the sea, as in accordance to Art IV rule 2 (c), where perils of the sea is referring to any damage caused by pirates, storms, collision which could not have been avoided by exercise of reasonable care, the carriers will be given immunities. Fifth, any act which are independent from intervention of human being namely act of God that cannot be prevented, carrier is exempted from being liable to the damages of goods (Act IV Rule 2 d).
In the Act IV Rule 2 (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), and (q), where (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers or people, or seizure under legal process; (h) quarantine restrictions; (i) act or omission of the shipper or owner of the goods, his agent or representative; (j) strikes or lock-outs or stoppage or restraint of labor from whatever cause, whether partial or general; (k) riots and civil commotions; (l) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect,