There are certain duties imposed on a carrier for wages at common law in the absence of any contractual terms limiting such liability. These contractual stipulations may themselves be subject to statutory provisions and in particular, the Carriage of Goods by Sea Act, 1971 which enforced the Hague-Visby Rules in the United Kingdom. Therefore, while considering the liability of the carrier for loss of damage to goods in one’s custody, the terms of the contract, effect of statutory provisions and the common law must be looked at. In common law, there are four primary obligations imposed on the carrier. Firstly, it is the duty of the carrier to positively deliver the goods in the same condition as when they were shipped and this duty cannot be delegated. This duty is however subject to certain exceptions in cases of act of God, act of the Queen’s enemies, loss or damage resulting from the inherent vice of the goods and loss resulting from jettison. Moreover, it must be established that the damage to or loss of goods was not a result of the carrier’s negligence. It is the absolute duty of the carrier to provide a seaworthy ship. It is expected that the carrier undertakes to proceed on the voyage without unjustifiable deviation. The carrier also must complete the voyage without any delay and it is subject to liability in case of damages for any loss caused by the delay.
