Shipping Laws Essay Example | Topics and Well Written Essays - 3500 words

Shipping Laws - Essay Example Important aspect regarding dangerous goods could be gained from the IMDG Code but these also give more prominence to what kind of items dangerous goods and how they could be dealt with rather than expounded about dangerous goods and the damages they are capable of perpetrating on the high seas. In the case of dangerous goods, it needs to be distinguished whether the inherent constituents of the goods are dangerous, thereby possessing damaging qualities , or under set of circumstances, in combination with other extraneous and internal agencies, it is capable of causing fire, corrosion, explosions, diseases etc. Under English law, there is an implied clause in a contract of sea carriage that the goods are seaworthy per se, and dangerous goods would not be shipped. English laws do not concern themselves with the classification or class of dangerous goods, but is more interested in whther there is a real threat that dangerous goods may bring about. It could be said that dangerous goods n eed not be shipped except with the expressed consent and acceptance of all the concerned parties to the contract. From the viewpoint of the carrier, the dangerous goods are those which are capable of causing physical and material damages and or/losses. It needs also to be said that dangerous elements in a particular cargo need not be presupposed, and therefore, the possibility of cargo turning dangerous is a real phenomenon. It is really the Shipper who has intimate knowledge about the goods, and the fact that there is latent danger present in the goods. It is necessary for him to disclose this to the carrier or charterer, if he has reasons to believe tht the goods were, are or may become dangerous and also have it noted it in the Bill of Lading and labelled. The Carrier is responsible for damages, if he or his crew has acted negligently or without sufficient care or prudence, but he may not be able to physically know what the contents of the container are, except what is informed t o him. The Charterer has almost the same knowledge about the cargo, as the carrier, and can be only held responsible if there is a breach of contract, or a differentiation in the handling of the cargo, which is a contributory factor for the damages. The holder of the Bill of lading is not a party to the original contract and is not a de facto owner.