Analyzing Notification and Indemnity Liabilities of Charterers for Dangerous Goods

• Main Authors: Wei, Chia-Chun, 魏嘉君
• Other Authors: Chung, Cheng-Chi
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/72325253256268977777

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.