When the carrier is actually placed in a situation of presumed liability, after the shipper has provided the fact constituting the carrier’s liability, in case of damages, he can prove an impediment (or an impeditive fact) to his liability in order to free himself from his presumption. The carrier is not liable for damages resulting from a series of events considered to constitute typical risks of maritime navigation, known as «excepted perils», listed in Art. IV, § 2, of the Hague Rules.
Excepted Perils Under the Hague Rules
Pollastrelli S.
2025-01-01
Abstract
When the carrier is actually placed in a situation of presumed liability, after the shipper has provided the fact constituting the carrier’s liability, in case of damages, he can prove an impediment (or an impeditive fact) to his liability in order to free himself from his presumption. The carrier is not liable for damages resulting from a series of events considered to constitute typical risks of maritime navigation, known as «excepted perils», listed in Art. IV, § 2, of the Hague Rules.File in questo prodotto:
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Excepted perils under Hague Rules.pdf
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Descrizione: The burden of proof system is as follows: 1) The shipper must prove the loss or damage to goods and that the loss or damage occurred during the period of the carrier’s custody; 2) To exclude his liability, the carrier can prove that the loss or damage was caused: a) by the unseaworthiness of the vessel not attributable to his lack of diligence; b) from one of the events falling within the excepted perils (just mentioned above); c) from an event falling under letter q) not attributable to his fault or that of his servants; 3) The shipper can provide the «confirmation evidence», that is proving that the loss or damage was due to the fault of the carrier and/or his agents or that the event is not included in the list of excepted perils, that is not related to an excepted peril. 4) In the case that the carrier invokes a fire event, the shipper can prove that the event is attributable to the fault of the carrier and his servants. 5) The carrier has the burden of proving the cause of the damage: he therefore assumes the risk of damage resulting from a cause that remains unknown
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