ABSTRACT

The parties to a contract of carriage are in principle free to define their rights and obligations in the contract, unless that freedom is restricted by either domestic law or an international convention. This chapter deals with the five most important conventions on carriage of goods that is the CIM, HVR, MC, CMR and CMNI. The liability system adopted by all these conventions is generally the same, and still closely observes the Roman law concept of the receptum nautarum. The carrier is liable for loss of or damage to the goods in his care, but he avails of a number of conventional exemptions, immunities and limitations of liability. The HVR apply to the carriage of all sorts of goods, but not to the carriage of live animals and deck cargo.