Law (International Business) - Problem Question Essay

Law (International Business) - Problem Question - Essay ExampleIn the case of Shipping wad of India Ltd v Gamlen Chemical Co (A/Asia) Pty Ltd (1980)147CLR 142 (High Court of Australia, 1980), the facts of the case was that the flattop Shipping Corporation of India Ltd was contracted to dribble goods to Gamlen from Sydney in Australia. During the ships passage it encountered heavy weather and rough seas in Australian waters. On arrival the goods were found to be in damaged. The shipper sued the aircraft carrier for breach of article 3(2) of the Hague-Visby Rules which requires that the goods be carefully loaded, handed, cared for and discharged. The romance of Australia found that the damage to the goods was the result of a combination of factors involving perils at sea and improper stowage. Therefore the carrier was not allowed to invoke the Article 4 exceptions which allows for perils at sea. This was due to the carriers failure to course session due diligence which was consid ered to be a concurrent or dominant cause of the damage sustained. The carrier could not therefore deny responsibility for the losses suffered by the shipper in circumstances where the carriers failure to exercise due diligence was one of the causes of the losses incurred.