UNIT 3

THE CARRIER'S RESPONSIBILITY

VOCABULARY:

I. Read the text.

ТEXT.

The carrier is responsible for the goods until they are delivered to the consignee.

If some damage occurs to goods during this time the carrier is to pay money for this damage. Delay in delivery is also a loss to the consignee's interests. This loss is to be paid by the carrier too.

But there may be cases when the ship owners are not guilty of such damage or loss.

For example, the damage or loss may result from force majeure, accidents at sea or fire aboard. They may also arise from the arrest of the ship, from quarantine, from war.

Sometimes, the damage or loss may be caused by actual fault of shippers or consignees.

Take, for instance, such a case when packing is not sufficient, or when the goods by their nature are not fit for a long transportation by sea.

The goods may also be damaged when they are being loaded or discharged by shippers' or consignees' means.

It is evident that the carrier is not to bear responsibility in such cases, that if he is not to pay money. There is an international tradition. When the damage to goods was caused while the ship was saving life or property of another vessel, the carrier is also discharged from responsibility for such a damage.

II.Answer the following questions to the text above:

1.Who is responsible for the goods aboard the ship until they are delivered to the consignee?

2.Who is to pay money for the damage to goods in such a case?

3.By whom is money to be paid for delay in delivery of goods?

4.In what cases are the ship owners not guilty of the damage to goods?

5.Who is responsible for the damage if the packing was insufficient?

6.What party is to bear responsibility for the damage when the goods were loaded by shipper's means?

7.In what case is the carrier discharged from responsibility for the damage to goods?

III. Ask questions using the model.

MODEL: The carrier is responsible for the goods.

Who is responsible for the goods?

1.The carrier is to pay money for delay in delivery.

2.The ship owners are guilty of the damage.

3.The shipper is to pay freight.

4.The charterers are to bear responsibility.

5.The shipper is responsible for that delay.

IV. Ask questions using the model.

MODEL: The damage to the cargo may result from force majeure. From what cause may the damage result?

1.The loss of goods may result from the accident at sea.

2.The damage to the cargo may arise from the fire aboard.

3.The loss of cargo may arise from the arrest of a ship.

4.The shortage may result from the nature of goods.

5.The damage to the cargo may result from humidity.

V. Ask questions using the model.

MODEL: The goods were damaged when they were being loaded. When were the goods damaged?

1.The freight was paid before the cargo had been discharged.

2.The damage to goods was caused during the voyage.

3.The loss of goods was found after they had been delivered.

4.The carrier was discharged from responsibility when the ship was arrested.

5.The cargo was damaged when it was being discharged.

VI. Additional text.

The carrier is responsible for the goods during their carriage.

The carrier is to pay money for any damage to goods which may occur aboard the vessel.

There may be some cases when tlie ship owners are not guilty of damage or loss.

Damage or loss may result from force majeure, accidents or fire aboard the ship.

Sometimes the damage may be caused through shippers' or consignees' fault. The goods may also be damaged while being loaded or discharged by shippers' or consignees' means.

In such a case the carrier is not to bear responsibility. The carrier is also discharged from liability when the damage was caused while saving life or property at sea. It is evident that the party which is guilty of the damage is to pay money.

VII. Letter protesting against negligent work of stevedores.

Port of Durban

November 14th, 1999.

To Stevedoring Co.,

Tin Can Island,

Nigeria

Dear sirs,

I have to draw your attention to the fact that owing negligent and careless handling of cargo by stevedores much damage has been caused to the bags with sugar.

Due to improper slinging several bags dropped from the slings over board and were totally lost. Due to dragging slings from under the ship's holds and on the trucks a number of bags were badly torn. With regret inform you that notwithstanding to presence of local wathcmen and your formen the pilferage of cargo is noted.

In the circumstances I have to make an official statement to the effect that my MV MAGNUS SINCERITY has brought the cargo in good order and condition and that I shall bear no responsibility for any claims in connection with above-mentioned damage which was caused to the cargo in the course of such inefficient discharging.

At the same time I hold the Walawa Stevedoring Company, responsible for the damage caused and for the all the consequences which may arise there from, of which I kindly request you to advise the said stevedoring company and all concerned in according with list of addressees enclosed.

Yours faithfully. Captain.

Master of the M/V MAGNUS SINCERITY

VIII. Translate into English the following business letter.

Уважаемые господа!

Мы обращаем Ваше внимание на то, что в результате небрежной обработки груза стивидорами имеются повреждения груза.

В отличие от правильной практики выгрузки груза из углов трюма, мешки укладывали на стропы в углах, а затем протаскивали по палубе до просвета. Многие мешки оказались значительно порванными и испачканными, их содержимое рассыпанным. Более того, брезент на причале оказался грязным и пыльным. В связи с вышеуказанным мы вынуждены отнести все убытки за Ваш счет.

С уважением, Капитан.