Bills of Lading

Page 295


Claims other than in contract

(A) Introduction

10.1 This chapter considers claims other those for breach of a contract of carriage. It is concerned principally with claims by those who have an interest in the cargo: this is not necessarily the same thing as those who are owners of the cargo. This class of person will usually wish to bring a claim against someone who is said to be responsible for the loss, damage or delay of cargo. It may, of course, be the other way round; for example in a claim by a carrier involving dangerous cargo. People may bring a claim other than in contract because, for example, (i) there was never a contract of carriage between the person interested in the cargo and the person to be sued, or (ii) the terms of the contract restrict the ability of the potential claimant to recover, because of exemption/indemnity clauses, or limitation of liability clauses and so an attempt is made to evade those, or (iii) the obvious cause of action (such as when there has been conversion of the goods) does not lie in contract.

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