MARINE CARGO CLAIMS RECOVERIES: BRINGING AND DEFENDING THEM (PART 3)
This article is the third in a series dealing with Article IV, Rule 1, of the Hague Rules. That rule states that "whenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article." Matters dealt with in this final installment include practical suggestions as to active steps that can be taken by shipowners; lessons to be learned from a case involving water damage to the maize cargo of the NAKORNTHON, a vessel built in 1964; the concept of discovery, the legal procedure calling for disclosure by each party to the other of all documents relevant to the subject matter of a case, and the full and proper carrying out of the procedure; and the importance of having stability documentation onboard in a form understandable to a reasonably competent officer, a requirement usually meaning that it should be in the first language of that officer.
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- Journal article
- Potts, C A
- Publication Date: 1990-7
- Pagination: 4 p.
- ISSN: 0144-1019
- TRT Terms: Legal factors; Liability; Seaworthiness
- Identifier Terms: Hague Rules
- Subject Areas: Law; Marine Transportation;
- Accession Number: 00660956
- Record Type: Publication
- Source Agency: Maritime Technical Information Facility
- Files: TRIS
- Created Date: Jul 21 1994 12:00AM