Contracts of Carriage, Carriage of General Cargo

This study outlines the legal structure governing the carriage of general cargo under the Norwegian Maritime Code (NMC). The framework distinguishes between contracts of carriage (liner trade) and charter parties (voyage or time charters). The core of the legal relationship involves the carrier, the sender, and the receiver, with the bill of lading serving as the primary document of title and evidence of the contract.

The NMC imposes a duty on the carrier to perform transport with due care and dispatch, using a seaworthy and cargoworthy ship. Liability for loss, damage, or delay is based on a reversed burden of proof: the cargo owner must prove the damage occurred while in the carrier's custody, after which the carrier must prove they were not negligent.

Key exemptions exist, most notably for navigational errors and fire, provided these were not caused by the carrier's own fault or initial unseaworthiness. The carrier's liability is further limited by standardized unit limitation rules (SDR), unless the damage was caused willfully or through gross negligence.

The bill of lading acts as a receipt for goods, a contract of carriage, and a document of title. The carrier has a duty to verify the accuracy of information provided by the shipper regarding the goods. If the carrier has reasonable grounds to doubt the accuracy of the description or lacks the opportunity to verify it, they may enter reservations (e.g., "said to contain") to protect themselves from misdescription liability. The document's legal weight is critical in distance sales, where the buyer cannot inspect goods prior to payment.