| Summary: | 碩士 === 國立臺灣海洋大學 === 航運管理學系 === 102 === Through investigation, It is evident there are many reasons for accidents caused by the carrying of dangerous goods by sea, among which undeclared information is distinguished to be one of the most important factors. Once an accident happens, it poses great risks to both the Charterers and the Owners. Clarifying the liabilities for indemnities brought on by improper notification provides the Charterers better recognition of their rights and responsibilities, and eliminates the controversies regarding such indemnities in practice. This article primarily analyzes the Charterers’ notification and indemnity liabilities by means of international conventions, international and domestic maritime laws, Charter Parties, and legal cases. The findings are demonstrated as follows:
1. Charterer has an implied agreement not to ship dangerous
goods without notice. If the Owners knew or had the
reasonable means of knowing the nature of the cargo, it
is held that the Owners knew or ought to have known of
the danger and that the dangerous cargo is carried with
the knowledge and consent of the Owners. For the reason
mentioned above, it is accepted that the Owners shall
carry such risks and liabilities through signing the
Charter Parties and the Charterers’ liability has been
relieved by implied notification. The only exception is
when the cargo possesses special or unobvious
characteristics, disabling the Owners to take necessary
precautions, in which case the Charterers will still be
liable for the indemnities resulting therefrom.
2. The Owners’ right to an indemnity against the Charterers
depends on the declaration of the dangerous nature of
the good’s character. The burden of proof regarding that
Charterers shipped dangerous goods without notice is
borne by the ship Owners, and neither the Owner, the
Master, nor any agent of the Owner consented to the
shipment of such goods with knowledge of their nature
and character, suffering damages or expenses directly or
indirectly arising out of or resulting from such
shipment. Meeting the above conditions, the Charterers
have liabilities for indemnities arising out of or
resulting from such shipment. Regardless of the
knowledge of the dangerous nature of the good’s
character, the Owners retain the right of disposal
without liability except to general average, if any.
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