Hague –Visby Rules

As indicated these duties can be modified or excluded by the terms of the contract of carriage. The shipper of goods however little bargaining power as against the carrier and any subsequent holder of a bill of lading has even less influence over the terms and conditions of this contract to which he becomes a party under Carriage Of Goods Act 1992 or Bill of Lading Act 1855. Carriers were, therefore, able to include elaborate provisions in their standard form contracts of carriage restricting or excluding their liability for loss or damage to goods which they agreed to carry.

The Hague-Visby rules protect the carrier and carrier can exclude certain liability relying on this rules. But the carrier must ensure that the seaworthiness of the ship, the efficiency of the crew and equipment and the cargo worthiness of the vessel. This contract is covered by the bill of lading for only carriage of good by sea.