Limitation of Carrier s Liability What does it apply when there is a shortage of sea cargo? 10

Legal Analysis: The liability of the sea carrier refers to the liability of the carrier for the loss, damage or delay in delivery of the goods carried by the carrier in violation of the contract of carriage of goods by sea.

Legal basis: Maritime Law of the People's Republic of China

Article 81 When the carrier delivers the goods to the consignee, if the consignee fails to notify the carrier in writing of the loss of or damage to the goods, such delivery shall be deemed to be prima facie evidence that the carrier has delivered the goods in accordance with the transport document and that the goods are in good condition.

If the loss or damage to the goods is not obvious, the provisions of the preceding paragraph shall apply if the consignee fails to submit a written notice of cancellation within seven consecutive days from the day after the delivery of the goods and within 15 consecutive days from the day after the delivery of the containerized goods.

If, at the time of delivery, the consignee has carried out a joint inspection or inspection of the goods with the carrier, it is not necessary to submit written notice of the ascertained loss or damage.

Article 82 If the carrier fails to receive a written notice from the consignee regarding the economic loss caused by the delay in delivery of the goods within 60 consecutive days from the day after the delivery of the goods to the consignee, it shall not be liable for compensation in a nutshell.

Article 83 The consignee may request the inspection agency to inspect the condition of the goods before the consignee picks up the goods at the port of destination or before the carrier delivers the goods at the port of destination; The party requesting the inspection shall pay the cost of the inspection, but shall have the right to recover from the party responsible for the loss of the goods.

Article 84 The carrier and the consignee shall provide reasonable accommodation to each other for the inspection provided for in Articles 81 and 83 of this Law.

Article 85 Where the goods are delivered by the actual carrier, the written notice submitted by the consignee to the actual carrier in accordance with the provisions of Article 81 of this Law shall have the same effect as the written notice submitted to the carrier. A written notice to the carrier shall have the same effect as a written notice to the actual carrier.

Article 51 of the Maritime Law of the People's Republic of China.

The carrier shall not be liable for loss of or damage to the goods during the period of responsibility if it is caused by one of the following causes:

1) The negligence of the master, crew, pilot, or other servant of the carrier in the operation or management of the ship:

b) fire, except where caused by the fault of the carrier;

3) Acts of God, dangers or accidents at sea or in other navigable waters;

4) War or armed conflict;

5) ** or the competent authority's acts, quarantine restrictions, or judicial seizures;

6) Strikes, lockouts, or restrictions on labor;

7) Rescuing or attempting to save human life or property at sea;

8) the conduct of the shipper, the owner of the cargo or their ** person;

9) the natural characteristics or inherent defects of the goods;

10) Poor packaging of goods or lack of or unclear markings;

11) Potential defects of the ship that have not been discovered after careful handling;

12) Other reasons not caused by the fault of the carrier or its employees or persons.

If the carrier is exempted from liability in accordance with the provisions of the preceding paragraph, it shall bear the burden of proof except for the reasons specified in subparagraph (2).

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What are the general exemptions of carriers under China's maritime law? The general exemptions of the carrier under the Maritime Law of China are as follows: Article 51 of the Maritime Law of the People's Republic of China stipulates:

The carrier shall not be liable for loss of or damage to the goods during the period of responsibility caused by one of the following causes: (1) the negligence of the master, crew, pilot or other servant in piloting or managing the ship; b) fire, except where caused by the fault of the carrier; (3) Natural disasters. danger or accident at sea or in other navigable waters; 4) War or armed conflict; 5) ** or the competent authority's acts, quarantine restrictions, or judicial seizures; 6) Strikes, lockouts, or restrictions on labor; 7) Rescuing or attempting to save human life or property at sea; 8) the conduct of the shipper, the owner of the cargo or their ** person; 9) the natural characteristics or inherent defects of the goods; 10) Poor packaging of goods or lack of or unclear markings; 11) Potential defects of the ship that have not been discovered after careful handling; 12) Other reasons not caused by the fault of the carrier or its employees or persons.

Carrier's exemption means that the carrier has the right to be exempted from liability for loss of or damage to the goods under certain circumstances in accordance with the provisions of law or contract. From these 12 exemption provisions, it can be seen that whether the carrier is responsible for the loss or damage to the goods during the period of responsibility depends on whether he, the captain, the crew, other employees or ** persons are at fault. However, as an exception, the carrier may still be exempt from liability if the loss of or damage to the goods is caused by the negligence of the master, crew, other servants or persons in the operation or management of the ship, or if the fire is caused by their negligence. Does that make sense?