On The Ocean Carrier's Liability For Cargo Damage Caused By Mixed Reasons

The liability rules for cargo damage caused by mixed reasons concern the immediate interests of the parties to the contract of the carriage of goods by sea and attract full attention of international conventions such as Rotterdam rules as well as domestic laws. The liability rules for cargo damage caused by mixed reasons are of a systematic project and can only be set after the full awareness of various enactments, judging elements and the rules for allocation.Centering on the topic, the paper, by comparative analysis, literature review and case study, probes into the judging elements and analyzed the sharing of liabiity for cargo damage caused mixedly by the improper performing of those obligations such as seaworthiness, care for cargo, or direct sailing and the factors not liable for under Hague Rules, Hamburg Rules, Rotterdam Rules and the Maritime Codeof of the People's Republic of China respectively.The paper consists of introduction, main text and conclusion remarks.The introduction gives a brief introduction of the research scope and the literature on the topic so far.Chapter 1 "The enactment of liability rules for cargo damage caused by mixed reasons ".Summarize the relevant enactments, analyze the reasons why Rotterdam Rules abandoned the "Vallescura principle" of Hamburg Rules and " average loss sharing principle" of US COGSA 1999 whereas adopted the "strict principle of distinction", and points out that it is the inevitable result of "the three presumptions", the special need for the balance of interests between the carrier and the shipper, and the deep reflection of the active pursuit of the fairness value.Chapter 2 "the judging elements for determining the liability for cargo damage caused by mixed reasons ".To re-examine the contents of cargo damage, liability rules, factors not liable, the primary obligation, the burden of proof and other core elements, so as to lay the foundation for determining the liability for cargo damage caused by mixed reasons. Chapter 3 to Chapter 6 is the detailed analysis of the determining the liabity for cargo damage caused by mixed reasons. Based on the reviewing of the various paths for determining the liability for cargo damage caused by mixed reasons under Hague Rules, Hamburg Rules, Rotterdam Rules, and Maritime Code of the People's Republic of China and combining the enactments as well as the core elements, examine the liability rules respectively.The conclusions remarks summarize the main points of the paper.