chapter  34
22 Pages

Carriage of Goods by Sea Act

Conflict with other clauses 34.18 Where there is a conflict between the provisions of the Act which are incorporated by

Clause 24 of the New York Produce form and the other printed terms of the contract, the U.S.A. Clause Paramount under Clause 24 provides that the provisions of the Act will override. Where there is no conflict, the provisions of the Act will supplement those other terms. Shaw, L.J., in The Agios Lazaros [1976] 2 Lloyd’s Rep. 47, said, at page 59: ‘‘ . . . the terms of the specific contract and the Hague Rules are fused together. The combined terms interact between themselves. There is no line of demarcation or difference in quality or effect save that if the incorporated clause is also a paramount one the Hague Rules will not merely supplement the specific contract but will operate also to modify any incompatible clauses in it.’’