On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(10)
III. The limitation of period of responsibility as the defense: The period of responsibility of the damage or loss of goods in 《Hague Rules》is “hackle to hackle” or “rail to rail”. While the out of releasing of goods without B/L usually happens on the shore, so many shipowners in practice usually present the fact that his obligation of caring for goods is merely from loading to discharging the goods as the defense. There was one case in the House of Lords: Chartered Bank V British Steam Navigation (1909) A.C.396, It was said: “…in all cases and under all circumstances the liability of the company shall absolutely cease when the goods are free of the ship’s tackle, and thereupon the goods shall be at the risk for all purpose and in very respect of the shipper or consignee.”[14] In my opinion, releasing of goods with original B/L is determined by the legal character of B/L as the says above. While the carrier’s loading, handling, stowing, carrying, keeping, caring for and discharging the goods carried properly and carefully is the mandatory provision for him. Both of them are two different obligations the carrier should undertake. And there is no legal provision regulating that the former should be restricted by the latter. So the limitation of period of responsibility could not be the defense of releasing of goods without B/L.
总共33页
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