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AuthorClarke, Malcolm Alistair. author
TitleAspects of the Hague Rules [electronic resource] : A Comparative Study in English and French Law / by Malcolm Alistair Clarke
ImprintDordrecht : Springer Netherlands : Imprint: Springer, 1976
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Descript 253 p. 1 illus. online resource


It has been estimated that four-fifths of an carriage of goods by sea are governed by the Hague Rules, properly known as the Convention for the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels in 1924. The success of the Convention is wen recognised. Its importance is self-evident and such that, notwithstanding its success, it has been the subject of regular scrutiny with a view to improvement and reform. Attention has focussed on various matters, among them two central provisions which are the subject of this book. First to be considered is article X concerning the legal scope of the Convention: to which contracts for carriage under bills of lading does the Convention apply? This question has caused much trouble, was debated by the C. M. 1. for twenty years and was apparently settled by a new Convenยญ tion signed at Brussels in 1968; but the solution may never come into force as the entire Convention is currently being considered by the United Nations with a view to reform of a different kind. The second part of the book examines one of the fundamental duties in the Convention. The ultimate duties of the carrier are duties of due diligence, diligence in caring for cargo and diligence in preparing his ship for sea. It is the latter duty that has been selected for detailed study


One: The Scope of the Brussels Convention 1924 -- 1. History of the Brussels Convention -- 2. Introduction to the Scope of the Brussels Convention -- 3. The Scope of the Convention in the Law of England -- 4. The Scope of the Convention in the Law of France: Introduction -- 5. The Liberal Approach -- 6. The Voyage Test -- 7. The Nationality Test: The Preliminary Problem -- 8. The Nationality Test -- 9. The Double Rule -- 10. Reform of Article X -- Two: Due Diligence to Make the Ship Seaworthy -- 11. The History of the Carriers Liability -- 12. The Scheme of Proof Under the Convention -- 13. Proof That the Vessel Was Defective -- 14. Due Diligence in General -- 15. Due Diligence in Practice -- 16. When Must Due Diligence Have Been Exercised? -- 17. Liability for Independent Contractors

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