MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT, 1996

Type Act

Publication 1996-12-14

Last updated 2013-01-01

State In force superseded text

Text As published

Source Irish Statute Book

articles 67

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

3 amending acts · 2013-01-01, S.I. No. 552/2012 - European Union (Liability of Carriers of Passengers by Sea) Regulatio…

Act to give the force of law to the Convention on Limitation of Liability for Maritime Claims, 1976, done at London on the 19th day of November, 1976, the Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, done at Athens on the 13th day of December, 1974, as amended by the Protocol thereto done at London on the 19th day of November, 1976, the International Convention for the unification of certain rules of law relating to bills of lading done at Brussels on the 25th day of August, 1924, as amended by the Protocols thereto done at Brussels on the 23rd day of February, 1968, and the 21st day of December, 1979, respectively, and to provide for related matters

Reform history JSON API

The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrams of gold of millesimal fineness 900'. The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned.

The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in subparagraph (a) of paragraph 5 of this Article as is expressed there in units of account.

States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979 or of accession thereto and whenever there is a change in either.

(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

(f) The declaration mentioned in subparagraph (a) of this paragraph, if embodied in the bill of lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in subparagraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that subparagraph.

(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.

Goods of an inflammable, explosive, or dangerous nature to the shipment whereof the carrier, master, or agent of the carrier has not consented with knowledge of their nature and character may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

Article IV bis

The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention.

The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in this Convention.

Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

Article V

A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities, or to increase any of his responsibilities and liabilities under this Convention provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.

The provisions of this Convention shall not be applicable to charter parties, but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.

Article VI

Notwithstanding the provisions of the preceding articles, a carrier, master, or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or concerning his obligation as to seaworthiness so far as this stipulation is not contrary to public policy, or concerning the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care, and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.

Any agreement so entered into shall have full legal effect.

Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms, and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.

Article VII

Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement stipulation, condition, reservation, or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connection with the custody and care and handling of goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.

Article VIII

The provisions of this Convention shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.

Article IX

This Convention shall not affect the provisions of any international Convention or national law governing liability for nuclear damage.

Article X

The provisions of this Convention shall apply to every bill of lading relating to the carriage of goods between ports in two different States if:

(a) the bill of lading is issued in a Contracting State,

(b) the carriage is from a port in a Contracting State,

(c) the contract contained in or evidenced by the bill of lading provides that the rules of this Convention or legislation in any State giving effect to them are to govern the contract

whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.

Each Contracting State shall apply the provisions of this Convention to the bills of lading mentioned above.

This Article shall not prevent a Contracting State from applying the rules of this Convention to bills of lading not included in the preceding paragraphs.

FOURTH SCHEDULE Enactments Repealed


Session and Chapter or Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
57 & 58 Vict., c. 60	Merchant Shipping Act, 1894.	Part VIII (sections 502 to 509).
61 & 62 Vict., c. 14	Merchant Shipping (Liability of Shipowners) Act, 1898.	The whole Act.
63 & 64 Vict., c. 32	Merchant Shipping (Liability of Shipowners and others) Act, 1900.	The whole Act.
6 Edw. 7, c. 48	Merchant Shipping Act, 1906.	Sections 69, 70 and 71.
1 & 2 Geo. 5, c. 42	Merchant Shipping Act, 1911.	Section 1 (2).
11 & 12 Geo. 5, c. 28	Merchant Shipping Act, 1921	The whole Act (in so far as it relates to Part VIII of the Merchant Shipping Act, 1894).
No. 46 of 1947	Merchant Shipping Act, 1947	Section 13 and the Second Schedule.
No. 34 of 1993	Merchant Shipping (Salvage and Wreck) Act, 1993.	Section 53.

Footnotes

Other than for the purposes of section 25*, reference should be made to the amendments of these provisions effected by Article II of the 1976 Protocol.

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