Carriage of Goods by Sea Act 1971

The Carriage of Goods by Sea Act 1971is a United Kingdom Act of Parliament.[1]
Carriage of Goods by Sea
It incorporates into English Law theHague-Visby Rules which are to be found as the
Act 1971
Schedule to the Act. The Act does not use the term "Hague-Visby Rules" as such;
instead, the Rules are referred to in that Act as the"Hague Rules As Amended".

Under Article X, the Rules apply if:

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

(b) the carriage is from a port in a contracting State, or
(c) the contract (of carriage) provides that (the) Rules ... Parliament of the United Kingdom
are to govern the contract".
Long An Act to amend the law
If the Rules apply, the entire text of Rules is incorporated into the contract of title with respect to the
carriage as a "statutory contract", and any attempt to exclude the Rules is void under carriage of goods by sea.
Article III (8). Citation 1971 c. 19

Section 3 of the Act provides that there is no strict (or absolute) duty to provide a Dates
seaworthy ship.[2] Under the Rules, the carrier must merely exercise due diligence, Royal 8 April 1971
before and at the start of the voyage, to provide a seaworthy ship. assent

[3]
The Hague-Visby Rules were amended by a protocol in 1979, but not all signatories to the Rules have adopted the amendments.

Contents
Additional UK provisions
Note
See also
References

Additional UK provisions
Although Article I(c) of the Rules exempts live animals and deck cargo, section 1(7) of the Act permits parties to opt in to the Rules
when the goods in the bill of lading aredeck cargo or live animals. In which case, Article I(c) will be read as if it did not exist.

Also, although Article III(4) declares a bill of lading to be a mere prima facie evidence of the receipt by the carrier of the goods",
section 4 of the Carriage of Goods by Sea Act 1992upgrades a bill of lading to be "conclusive evidence of receipt", thereby annulling
the decision in Grant v Norway 1851.[4]

Note
The Contracts (Rights of Third Parties) Act 1999does NOT apply to contracts for the carriage of goods by sea.

See also
Law of Carriage of Goods by Sea
Seaworthiness (law)
 Himalaya clause

References
1. "Carriage of Goods by Sea Act 1971"(http://www.legislation.gov.uk/ukpga/1971/19/section/1). legislation.gov.uk.
2. CoGSA 1971 s.3: "There shall not be implied in any contract for the carriage of goods by sea to which the Rules
apply by virtue of this Act any absolute undertaking by the carrier of the goods to provide a seaworthy ship"
3. The Jackson Parton Miscellany - 2nd edition, 2012 - (no ISBN) - www
.jacksonparton.com
4. http://maritimelawdigital.com/uploads/HTML/Grant_Norway_1851.htm

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