MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 109

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HVR was considered pro carrier and had long list of exceptions by which the liabilities of carrier were shunned off, hence outcry by Shippers and states mainly importing the cargo like USA. Hamburg Rules thus formulated with extended Liabilities of Carrier.

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a)The Hague and HVR defines by connecting the notion of contract of carriage to the document issued thereunder, the B/L, while Hamburg Rules defines as the carriage of goods by sea from one port to another.

b)Hague and HVR provide that the rules are applicable to all goods, ware, merchandise and articles of every kind of whatsoever, except live animals and cargo which by contract of carriage is stated as being carried on deck and is so carried.
But Hamburg Rules cover all kinds of cargo including live animals. But the carrier is entitled to carry the goods on deck only if it is in accordance with an agreement/undertaking with the shipper or is in accordance with the usage, rules or regulations.

c)Under Hague and HVR, the period of application is from the beginning of loading of the goods on the ship to the completion of their discharge from the ship, i.e. [6]tackle to tackle. But the period of custody of good by carrier might sometimes begin even before loading operation and extend after unloading, which is not covered by these rules.
Under Hamburg Rules, their period of application has been extended to the whole period during which the carrier is in charge of the goods.

d)The Hague and HVR provide a wide list of exceptions in favour of the carrier for loss or damage resulting from  navigation fault exception as well.
i)act,neglect, default of the master, mariner, pilot, or the servants of the carrier in the
navigation or in the management of the ship.
Thus, the carrier may escape liability by claiming defense of navigational fault.
But Hamburg rules do not have an extensive list of exception clauses except for the following main three which operate in the carrier favour.        
i) Live Animals (ii) Deviation (iii) Fire

e)The Hague Rules limits the liability of the carriers to 100 pound sterling (to be taken as gold value) per package or unit.The limits that under the HVR are 666,67 SDR per package or unit and 2 SDR per kilogram.
Hamburg Rules to 835 SDR and 2.5 SDR respectively.

f)Hague and the Hague-Visby Rules are too much Carrier-friendly.
Hamburg rules provide significant improvements in terms of certainty of law, clarity of contracts, they are in favour of Shippers in many respects including the allocation of liabilities.  

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Any body irrespective of his nationality can register his vessel at panama