A Study on the Identification between Shipowner and Charterer to Sue for the Liability of transportation

다국어 초록 (Multilingual Abstract)

In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

참고문헌 (Reference)

1 McLaughlin,, "The Evolution of the Ocean Bill of Lading" 35 :

2 Alan Abraham, "Scrutton on Charterparties and Bill of Lading" Sweet&Maxwell 1984

3 Payne, "Payne and Ivamy's Carriage of Goods by Sea 12th ed" Butterworth & Co Ltd 1985

4 Wiliam Tetley, "Marine Cargo Claim, 3rd edition" BLAIS 1998

5 "Conlinebill" Conlinebill

6 Hughes, "Casebook on Carriage of Goods by Sea" Blackstone Press 1994

7 Wilson, "Carriage of Goods by Sea" Pitman Publishing 1993

8 Alan, "Bills of Lading-Law and practice" Chapman and Hall 1982