The limitation and exemption of the carrier's liability in carriage of goods by sea, land and air

Abstract

The aim of this research was to study the laws and the conventions governing the carriage of goods by sea, air and land in relation to the limitation and exclusion of the carrier's liability. Primarily, it sets forth by introducing the concept of liability and its development throughout times since when it was first established. The concept of limiting or excluding liability developed around the duty to deliver goods arising out of contracts. Thus this study commenced its iter by examining the liabilities arising under the contracts of carriage. The second chapter of this dissertation goes on to give a comprehensive analysis of the occurrences of where the carrier of each mode of transport, may be entitled to limit or exclude his liability that may arise from breaching his duties or obligations. Accordingly, it scrutinizes the relevant articles of The Hague Convention relating to the limitation and exclusion of the carrier's liability in carriage of Goods by Sea, which is also incorporated into Maltese Law and thus Malta is a party to this Convention; it also sets forth to interpret the relevant articles of the Warsaw Convention 1929, and the Montreal Convention 197 5 in relation to the carrier's liability in Carriage of Goods by Air of which Malta is also a party. With regards to the carriage of goods by land, Malta has incorporated the so-called Convention on the Contract for the International Carriage of Goods by Road (CMR) into its legal system via Chapter 486 entitled International Carriage of Goods by Road Act which is also analyzed in depth for the purposes of this dissertation. The last chapter of this reading presents the concept of liability in a different way than the foregoing chapters in that it studies the concept with respect to multimodal journeys. The research concludes its study by suggesting changes to the current regime governing the limitation or exclusion of the carrier's liability. This thesis will serve as guidance to anyone concerned in the business in order to be able to avoid certain unwanted consequences that might follow and avail one-self of the benefits therein enlisted.