The Liability of Delay in Delivery and the Analysis of Its Application in the Rotterdam Rules in Marine Cargo Claims

• Main Authors: Li-Ying Cheng, 鄭莉穎
• Other Authors: Cheng-Chi Chung
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/00876386969116154588

碩士 === 國立臺灣海洋大學 === 航運管理學系 === 100 === Upon the carriage of goods by sea, the liability of delay in delivery occurs when the goods are not delivered at the place of destination provided for in the contract of carriage within the time agreed or, in the reasonable time, having regard to the circumstances of the case.The international shipping transportation is regulated by the Hague Rules 1924, the Hague-Visby Rules 1968, the Hamburg Rules 1978, and the Multimodal Conventions of UN 1980. This thesis mainly analyzes the liability of delay in delivery,by comparingdifferent regulations among the international maritime conventions.By analyzing the legal cases and theories, this thesisformulatedeffective summarize the solutions to the relevant disputes and to explore the regulation trend of the carrier’sliability of delay in delivery.In addition, this study also discussed the liability of delay in delivery under the Rotterdam Rules 2009. The purpose of this convention is to match the developmental trend to the shipping industry, thus unifying the rule for the international maritime conventions.Finally, this studyculminated in the following conclusion: 1.The carrier’s liability for losses or damages arising from delay in delivery of goods has not reached a common consensus, due to the different balance of interests between the development of the shipping industries and national concerns. In addition, the unreasonable delay in delivery is excluded from the voyage policy, which would infringe the interests of shippers and B/L holders. 2.Delay in delivery is a breach of contract in terms of time factor. The carrier is liable for the loss of or damageto the goods arising from delay in delivery, and the claimants could receive the proper compensation.In general, the compensation scope is limited to expected damages that both contract parties approved of. 3.The carrier’s liability of delay in delivery is regulated by the Rotterdam Rules. However, in cases where the parties have not expressly agreed upon the time of delivery, is not held liable for.Moreover, the legal cases and theories about the Rotterdam Rules are not widely accepted. For those reasons, when the Rotterdam Rules come into effect in the initial stage, it may result in extra litigation cost, disputes, and complexity. 4.The regulation to the carrier’s liability of delay in delivery is vague so that should apply to the Civil Code. Considering the rapid development of the shipping industry and the ineffectiveness of the Rotterdam Rules,this thesis urges the amendment of the carrier’s liability of delay in delivery under the Taiwanese Maritime Act at Table 5.8.