Liabilities Of Undelivered Goods At Port Of Destination

The legal relationship under the carriage of goods by sea ends with the delivery and acceptance of goods.The utmostpurpose of the contract of carriage of goods by sea is to deliver the goods to the consignee or the holder of bill of lading under the contract.Therefore,the delivery and receipt of goods not only indicate the completion of the carrier’s obligations under the contract of carriage of goods by sea,it also helps those who will be benefited in cargos to accomplish the economic interests.However,as the changes in import and export policies in different countries and in the international trading market,the consignees or holders of bill of ladings tend to not receive cargos in a timely manner,or not claim cargo interests after the arrival of cargos at ports of destinations.Recently,there has been an increase in the number of cases involving container detentions fees and fees with regarding to return cargos.Undelivered goods and unclaimed goods remained at ports of destinations would not serve the interest and purpose of the contract of carriage and discharge the carrier’s duties under the contract,and it also generates a large amount of additional costs in additional to freight,including container detention fees,storage charges,which brings enormous risks and losses to carriers.In the judicial trials,the reasons which cause the undelivered or unclaimed goodsat ports of destinations are affected by many factors.Both in the theory and practice,there are disputes over how to determine who will be responsible for the losses and damages caused by the non-taking cargos,the scope of compensation,and how to determine the nature of the responsibility for the undelivered or unclaimed cargos.Moreover,it is controversial whether the consignee has an obligation to accept the goods and whether the shipper shall bear the risks for undelivered good if the bill of lading is transferred and indorsed.Issues occur when the bill of lading contract and the contract of carriage both exists after the indorsement of the bill of lading,questions of how to determine the rights and obligations of the parties involved in the contract of carriage matters how to successfully resolve the disputes discussed above.Exploring the responsibility of undelivered or unclaimed goods at the port of destinations shall be put on the agenda.This dissertation aims to summarize the liabilities of undelivered or unclaimed goods at the port of destinations,which party shall be responsible for such liabilities,as well as the classic cases involving liabilities of undelivered or unclaimed goods in practice in China,Britain and the United States of America.Ideas provided by the Rotterdam Rules will be also useful.This article tries to lead a path to determine the liabilities arising from undelivered or unclaimed goods at the ports of destinations,the relief of the carrier,and to provide practical advice related to issue.Chapter I mainly introduces the liability arising from undelivered goods at ports of destinations and the judicial practice in China.From the perspective of judicial review,it summarizes the legal issues of undelivered goods under our legal system and discusses the factors which impact the issues discussed above.Chapter II mainly discusses the influence of indorsement of the bill of ladings on the carrier’s right of suit against other parties.By analyzing the right of suits after transfer and indorsement of bill of ladings,the parties who enjoys the rights of suit,the author tries to analyze whether the liability of contract of carriage transfers as the bill of ladings transferred,and whether the carrier is vested the rights of suits against the indorsees.Chapter III emphasizes parties who will be responsible for the losses from the perspective of domestic law and international law.Merchant clause and its application in the UnitedStates and in China.Chapter IV starts with carrier’s duty of care,cargo liability insurance and relief measures of carrier under the Rotterdam Rules and its value.