Research On The Liability Of Delays In Delivery On Coastal Carriage Of Goods By Sea In China

Delay in delivery in coastal carriage of goods by sea is a kind of legal act of the carrier engaged in coastal carriage of goods. The effects of this act is regulated by contract clause and relevant laws and regulations. Due to the regional differences between the coastal carriage of goods and international transport of goods by sea, the applicable laws and regulations are also different. Thus differences exist in the concept, imputation, liability principle, construction of liabilities, range of compensation and other aspects between the delay in delivery in coastal carriage of goods and international transport of goods by sea, which lead to a special liability system of delay in delivery of the coastal carriage of goods.The first part of this paper focus on basic theory of the liability of delay in delivery in Chinese coastal carriage of goods. This paper introduces the contract of carriage of goods by waterway and relevant laws and regulations and the concept, imputation, liability principle, range of compensation of delay in delivery in Chinese coastal carriage of goods. Common reasons for delay in delivery are analysed. The second part of this paper analyse the imputation of the breach of contract under Chinese "Civil Law","Contract Law" and "cargo regulations". On this basis, the paper studies the principle of delay in delivery of carriage of goods by waterway and liability constitute. The third part of this paper discussed the issue of exemption of coastal cargo transport delay in the delivery in two aspects:statutory exemption and agreed exemption. The fourth part studied on the scope of compensation for the delay in delivery of the responsibility of coastal carriage of goods. This part analyzes limitation of carrier’s liability and the scope of compensation.