Rotterdam Rules: A Practical Annotation


Delivery of the Goods

Article 43. Obligation to accept delivery

    When the goods have arrived at their destination, the consignee that demands delivery of the goods under the contract of carriage shall accept delivery of the goods at the time or within the time period and at the location agreed in the contract of carriage or, failing such agreement, at the time and location at which, having regard to the terms of the contract, the customs, usages or practices of the trade and the circumstances of the carriage, delivery could reasonably be expected.


[43-01] Duty to accept delivery under current English law. English law does not currently impose on the consignee an explicit duty, vis-à-vis the carrier, to accept delivery of the goods. There is no such duty in COGSA 1971. Neither does COGSA 1992 explicitly impose such a duty, although, as will be seen further below in this Note, section 3 of that Act does, in certain circumstances, impose upon the consignee liabilities under the contract of carriage which may include an express term imposing a duty to accept delivery of the goods.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.