A Study on the Identification between Shipowner and Charterer to Sue for the Liability of transportation: Focused on English and Canadian Common Law

• 발행기관: 한국통상정보학회
• 저자명: 정성훈(Sung-Hoon, Jung)
• 간행물 정보: 『통상정보연구』제8권 제4호, 151~161쪽, 전체 11쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2006.12.30

영문 초록

In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The “carrier” could be the shipowner or the charterer or both. The issue of the identity of the “carrier” is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and ‘Identity of Carrier’ clause in the bill of lading.

목차

Ⅰ. The nature of the problem

Ⅱ. Liability of the shipowner

Ⅲ. Liability of the charterer

Ⅳ. Liability under Canadian Common Law

Ⅴ. Conclusion

키워드

Charterer Shipowner Carrier Bill of Lading Liability of Transportation