chapter  2
LIABILITY FOR DEFECTIVE CONTAINERS: CHARTING A COURSE BETWEEN SEAWORTHINESS, CARE FOR THE CARGO AND LIABILITIES OF SHIPPERS
ByFrank Stevens
Pages 18

The fact that the goods carried in a container have been damaged is not in itself a proof that the container is defective. Where containers loaded with cocoa beans had been standing in water for some time prior to their loading on board, resulting in the loss of part of the cocoa, the Court of Appeal of Aix-en-Provence held that a container must protect the goods inside against the hazards of weather, but does not guarantee a perfect watertightness if the container is immersed in liquid. 5 In the absence of other evidence pointing to a defective condition of the container, the fact that water entered the partially submerged container was not considered proof of a defective condition, and the claim against the carrier was rejected.