Contracts of Carriage, Carriage of General Cargo NMC Chp 13

This lecture series provides a foundational overview of the legal framework governing the carriage of goods by sea under the Norwegian Maritime Code (NMC). It distinguishes between the carriage of general cargo (regulated under Chapter 13) and the chartering of ships (regulated under Chapter 14). The core of the legal regime focuses on the contractual relationship between the carrier and the sender, the role of transport documents like the bill of lading, and the allocation of liability for cargo damage.

The NMC imposes a default rule of liability on the carrier for damage, loss, or delay occurring while the goods are in their custody. To avoid liability, the carrier must prove they were not at fault. However, the code provides specific exemptions, most notably for errors in the navigation or management of the ship and for fire. These exemptions are limited by the requirement that the carrier must exercise due diligence to ensure the ship is seaworthy at the commencement of the voyage. If the ship is found to be initially unseaworthy, these liability exemptions generally do not apply.

The lecture emphasizes the distinction between the parties to the contract (carrier and sender) and third parties like the shipper and receiver. Transport documents, such as the bill of lading and sea waybill, serve as evidence of the contract and receipt of the goods. The bill of lading, in particular, functions as a document of title and is central to the transfer of rights and obligations in maritime trade. The legal framework also addresses the sender's strict duty to disclose information regarding dangerous goods, providing the carrier with specific rights to refuse, discharge, or destroy such cargo if the sender fails to comply with safety disclosure requirements.

Maritime law is heavily influenced by international conventions aimed at harmonizing rules across jurisdictions. While the Hague-Visby Rules are standard for international transport, the NMC incorporates elements of the Hamburg Rules to provide a modern, uniform framework. The lecture notes that while the Rotterdam Rules represent a significant attempt to modernize and unify maritime law, their adoption remains limited, leaving the current landscape a mix of national legislation and established international conventions.