Understanding Hague Visby Rules Article IV Rule 2 and Commercial Law

Component A Oral
presentation

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Understanding Hague Visby Rules article IV rule 2 and commercial law........................3
Analysing relevant cases.........................................................................................................4
How courts have curtailed the use of excepted peril by carrier.........................................7
Discussion..................................................................................................................................7
CONCLUSION...............................................................................................................................8

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. 1 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” with reference to Ewan McKendrick, Goode and McKendrick
on Commercial Law. Also, the role of court in imposing restriction in terms of using the
law by the carrier will be highlighted in report. The relevant cases will be described in
the report.
MAIN BODY
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 2 Thus, the loss that has been
created by the member of the ship does not bear by the carrier or while company. Also,
if the damage has been developed due to Act of god, Act of war, Act of public enemies,
Accidental cases at sea, insufficiency of packing, and any other cause that is arriving
without the cause of ship has not been bear by the carrier Thus, in this manner the
exception protects the carrier.
1 Cheng, Jess. "How to build a stablecoin: certainty, finality, and stability through commercial law
principles." Berkeley Bus. LJ 17 (2020): 320
2 Kasi, Arun. "Hague/Hague-Visby Rules: Application." In The Law of Carriage of Goods by Sea, pp. 247-
269. Springer, Singapore, 2021.