Contractual Liabilities between Carrier and Cargo Interest – The Hague- Visby and Hamburg Regimes

A key difference thus is that where the Rules had only been incorporated as a matter of contract, they could be derogated from by means of appropriately worded exclusion or limitation of liability clauses. In Trafigura Beheer BV v Navigazione Montanari Spa [2014] EWHC 129 (Comm) as Andrew Smith J said, owners seldom agree to absolute undertakings in charterparty bills of lading.