The Carrier Delay In The Carriage Of Goods By Sea Research On Liability For Damages

With the development of world trade and international ocean shipping, there emerges a powerful voice of unifying and perfecting Liability of the Carrier. Carrier抯 Liability of Compensation for Damage of Delay in Delivery, as one part of the Liability of the Carrier, is paid much attention by legislature of many countries. Under such circumstance, 揅hina Maritime Code?gives a particular definition of Delay in Delivery, conforming to the trend of times. However, there is still some imperfection on Delay in Delivery in the stipulation of 0MG. On the basis of analyzing the basic concept, the characteristics, the causes, the compensation basis, the compensation principle and the compensation scope, this thesis points out the existing problems in application of CMC and makes the suggestions for revision in the hope of giving a little references for perfecting the Our Carrier抯 Liability of Compensation for Damage of Delay in Delivery. This thesis consists of four parts as follows: Part One,including Chapter I , II and Ill, introduces the basic theory of the Delay in Delivery, mainly on its basic conception, the characteristics, the causes and compensation basis. Delay in Delivery is one of the legal damage of cargo, which consists of physical losses and economic losses. Moreover, it appears as economic losses on most of time. With its specific and indirect characteristics, it is difficult to determine its losses. In practice, there are many causes leading to Delay in Delivery. Chapter II emphatically analyzes the causes of unseaworthiness and deviation. Simultaneously, it points out the differences between the economic losses caused by advanced, anti-dated B/L and the economic losses of Delay in Delivery. It must possess four important elements at the same time when maintaining the carrier抯 liability of compensation for damage of delay in delivery, which, in fact, the existence of damage, illegal activities of carrier, causality between illegal activities and damage, subjective faults of carrier. Chapter III expounds illegal activities of carrier by stating that the carrier violates the stipulation of shipping contracts and laws or conventions. 3 Part Two, the most important part of the thesis, including Chapter DI, Vand VI, is involved in compensation for damage of Delay in Delivery, mainly on the compensation principle and compensation scope. Chapter P1 presents its readers the stipulation on economic losses of various laws and conventions as well as large amounts of cases. While doing this, it comes into a conclusion that the economic damage of Delay in Delivery can be compensated. Owing to there being no stipulation of compensation principle of Delay in Delivery, Chapter V stresses three principles such as Hadley Principle, Loss Lessen Principle and Proximate Cause Principle. The three principles define the damage of Delay in Delivery to a certain degree. Therefore, it not only ensures that the carrier compensates the damage completely, but also complies with the carrier抯 existing economic ability and our current system of insurance. Chapter VI talks about the calculating method of Delay in Delivery, mainly about how to calculate the market price losses, interest losses, profit losses, work holding-up losses, losses of liability to the third party and necessary expenses. Part Three, the Chapter VII, is the discussion about the carrier抯 demurrer of exclusion and...