Used Cars Ignite Liability Debate: Insights from The Honor Case
Used cars present an elevated fire risk. In the event of a fire originating from such a vehicle on board a ship, can the shipper be held...
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Just maritime
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Siddharth Mahajan
- Jun 29
- 2 min
Explosive Cargo, Divided Blame: Who Pays When a Shipment Goes Up in Flames?
Who is liable when a dangerous cargo shipment explodes during the voyage, the carrier or the shipper? This question becomes particularly...
220
Siddharth Mahajan
- Nov 26, 2023
- 2 min
Detention for anchoring in Spore OPL without permission from local authorities - who bears the loss?
Over the past years many vessels have been detained by Indonesian or Malaysian navies for anchoring in their waters without permission....
610
Siddharth Mahajan
- Jul 16, 2023
- 2 min
'Frozen seafood' cargo. No set point in B/L. Reefer is not connected. Cargo damaged. Who's to blame?
B/Ls for reefer containers usually mention the set point to be maintained by the carrier during transit. What if it only mentions ‘frozen...
460
Siddharth Mahajan
- May 14, 2023
- 2 min
The Danish take on what is a 'package' under Hague-Visby Rules
In the context of containerized cargoes, it is important to know what constitutes a ‘package’ for limitation purposes under the...
140
Siddharth Mahajan
- Jan 16, 2023
- 2 min
Fire due to cargo misdeclaration – can the carrier rely on the ‘fire’ exception in the HVR?
Over the past few years, the word ‘fire’ has become synonymous with ‘containers’. Today, a lot is expected from carriers, especially in...
230
Siddharth Mahajan
- May 2, 2021
- 1 min
"Shipped in apparent good order and condition" - apparent to whom?
A bill of lading will generally state that the cargo has been "shipped in apparent good order and condition". But apparent to whom –...
170
Siddharth Mahajan
- Dec 31, 2019
- 1 min
Package limitation in Hague (Visby) Rules & Himalaya clause
Containers are used to ship goods worth millions. Cargo owners may find it harsh that often they might not be able to recover more than...
110
Siddharth Mahajan
- Dec 31, 2019
- 1 min
Containers stolen from terminal - Hague Visby Rules or CMR?
Hague Visby rules or CMR, which one is applicable when unauthorized truckers whisk away containers from the terminal by using stolen pick...
50
Siddharth Mahajan
- Mar 17, 2019
- 1 min
Crew member deliberately starting fire & Hague rules 'fire' defence against cargo claims
Crew member deliberately starting a fire! Can the shipowner avail the benefit of the fire defence in the Hague rules to exempt itself...
20
Siddharth Mahajan
- Dec 23, 2018
- 1 min
Cargo of coffee damaged by condensation & 'inherent vice' defence under Hague rules
A highly debated area - 'burden of proof in cargo claims', provided with much needed clarity last month by the UK Supreme Ct. in Volcafe...
100
Siddharth Mahajan
- Oct 28, 2018
- 1 min
Seaworthiness & acts / omissions of Technical Superintendents
Can a failure to supply necessary spares for ME maintenance result in the carrier losing out on the defense under Art.4(1) of Hague...
80
Siddharth Mahajan
- Oct 21, 2018
- 1 min
A NVOCC cannot be 'the carrier'
To what extent realistically can NVOCCs undertake the traditional responsibilities of a carrier, and can a claim stemming from delay of...
50
Siddharth Mahajan
- Oct 21, 2018
- 1 min
‘Management of ship’ and ‘management of cargo’ are not the same
As regards duty of the master for the purposes of Hague rules defence available to ship owners for loss/damage caused by errors in...
50
Siddharth Mahajan
- Aug 12, 2018
- 1 min
UK court confirms that geographical deviation is a fundamental breach
Does a geographical deviation preclude the carrier from relying on the one year time bar limit? UK Court answered it in Dera Commercial...
20
Siddharth Mahajan
- Jul 15, 2018
- 1 min
Does the one yr time bar in Hague (Visby) Rules apply to ‘misdelivery’ claims?
Does the one yr time bar in Hague rules apply to ‘misdelivery’ claims? What if the claimant commences proceedings in a foreign court in...
40
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