| Summary: | 碩士 === 國立臺灣海洋大學 === 商船學系 === 103 === Cargo might be damaged and lost its value caused by human operation errors or force majeure…and so on in the course of sea transportation. It’s the responsible for carriers to negotiate with shipper for the issue of cargo claim when cargo was damaged. In order to protect carriers own rights and good reputation, they have to study how to let cargo safety transportation to avoid cargo damage and cargo claims from shipper during sea transportation. They are also concerned how to quick and reasonable to pay the charge of cargo claim but it wouldn’t damage the right of company.
This research will focus on liner cargo transportation to study and discuss the issues of its cargo claims including cargo detention, cargo damage, cargo value lost, cargo insurance and so on. This research will collect the case study of cargo claim with dispute between shippers and carriers for studying and discussing the causation of damage in order to find the best method if carriers met the cargo claim from shipper.
After analyzing the reasons, we found there are discrepancies between shippers and carriers for the understanding of cargo claim according to local maritime rule; Hague Rules and Hamburg Rules and these claims with compromise shall be in lawsuit. The allotment principle of burden of proof between the interest party is the key point of determining a more appropriate scope of liability and damage, and meantime the carrier must consider the issues of the risk management in procedure security of sea cargo and purchase an appropriate insurance, in order to cover its liability of loss/damage of cargo.
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