海商法英文作业

海商法

About the difference of carrier’s responsibility between CMC and the Contract Law, We can analyze this in 4 aspects, responsibility principle, limitation of liability, disclaimer system, responsibility for delay in delivery.

(1).For responsibility principle, in CMC, the basis of liability of the carrier is not entirely the fault accountability, and the it takes the principle of fault liability. Under contract law, the basis of the carrier's liability is strict liability.

(2).For limitation of liability, there’s limitation of liability in CMC, however, typically when a violation occurs, the carrier shall compensate in accordance with the principle of full compensation.

(3).For disclaimer system, CMC provides that the carrier has 12 exemptions, which is mainly due to maritime risk, exemption system is conducive to promoting the development of maritime transport. The "Contract Law" Article 53 provides that disclaimers are invalid when personal injury is caused or due to gross negligence or willful damage to property in the contract.

(4).For responsibility for delay in delivery, due to the carrier's fault, resulting from delay in delivery of goods and the loss or damage, the carrier shall be liable for compensation in CMC. Contract Law Article 131 provides that a party fails to fulfill its contractual obligations to fulfill contractual obligations or non-conforming to the other losses, losses due to the amount of compensation shall be equal to the loss resulting from the breach, including the performance of the contract can get benefits, but not foresee more than breaching party to the contract or should have foreseen the loss due to breach of contract may cause. While the Article 311 provides the carrier during transport of goods damaged or lost liable for damages. Although the "contract law" definition of delay in delivery of more comprehensive in content, including the case of CMC is not specified, due to the delay in delivery CMC has made to define, in accordance with "special law is superior to the general law", it should not be supplementary "Contract law" stipulates this issue.