Analysing Hague Visby Rules Article IV Rule 2 and Commercial Law

COMPONENT A ORAL PRESENTATION

INTRODUCTION
 Law has been determined as the system of rules that is aligned
with the set of protocols and has to be followed by the people.
 The present study revolves around the commercial law. This
law regulates behaviour of people who are engaged in trade
activities.
 Also, this law is entitled with the contracts, consumer
protection and employment contract elements. This PPT will
shed a light over critically analysing the statement “There is
the surprising exclusion of liability for defects of the master
or crew in management of the ship [in Hague Visby Rules
Article IV rule 2] The exception is generally considered to be
an anachronism which tilts the burden unfairly against
cargo”

UNDERSTANDING HAGUE VISBY RULES ARTICLE IV RULE 2 AND COMMERCIAL LAW
 The subject provision of article (Mentioned in
Hague Visby Rules article IV rule 2) states that,
the carrier should properly & carefully assure
focus over loading, handling, carrying and
keeping the goods.
 Also, in context of discharging the goods same
attributes needs to be applied. However, the article
IV rule 2 often depicts that, the carrier or ship is
not accountable if the loss or damage has been
created due to default or mistake of pilot, servant
and mariner of the ship
 Thus, the loss that has been created by the
member of the ship does not bear by the carrier or
while company.

Continued.....
 However, the sixth edition of the Goode and Mckendrick on
commercial law says that, the carrier is liable for the loss and damage
of the goods if the danger has not been discussed before assuring the
transportation of the goods.
 The amount that has been mentioned in the contract has been bear up
by the carrier if the loss takes place. Thus, the saying of article IV
rule 2 in Hague Visby rules is different in accordance with the
commercial law Commercial law protects consumer within the
implemented legal terms.
 Also, works on the basis of the contract and the judgement has been
made on the basis of the information provided in contract.