MM2312: On what ground can the carrier exercise defences under Hague-Visby Rules: Maritime Law, Assignment, IMBM

Q3) _____________________________

On 27th
Jan 2003, MV”Rickman” set sail from Singapore. During her voyage from Singapore to Penang, Master spotted a life raft floating on the high sea with seven survivors waving for rescue. The vessel made a successful and heroic rescue. Thus, the vessel had to divert to Port Klang to offload the survivors. This action caused the ship to delay for a day and revised eta Penang as 30th Jan 2003 instead of 28th Jan 2003.

Prior to arriving at Penang, suddenly the Malaysian authority announced every vessel to undergo quarantine due to a severe acute respiratory outbreak (SAR) for a day. After clearance, the vessel was allowed to berth and start cargo operation on 31st Jan 2003. Hence sailed out to Colombo with updated eta as 4th February 2003. All went well at Colombo until terrorists bombed the terminal and all vessels were not allowed to sail until safe to do so by order of the Sri Lankan government. Finally, MV”Rickman” was given clearance to sail to Kolkatta on 6th February 2003.

On 10th February, the vessel took berth at Kolkatta but no cargo operation was being done due to sudden port worker on strike demanding higher wages. Then the good news broke out that the dispute has been resolved and cargo operation start to discharge the cargo on 12th February 2003. Even though cargoes were safely discharged and delivered to consignees, shippers were unhappy with the accumulated six days delays. They demanded compensation and loss of cargo value. Carrier tried to explain the delay situation and pacify the shippers that no claim can be entertained.

Question: On what ground can the carrier exercise defences under Hague-Visby Rules – Article 4 item 2 (seventeen defences to carrier).

Q4)__________________________

Singapore from Penang and suddenly caught fire in the cargo hold due to combustion heat ignited by one of the dangerous cargo. Master and crews successfully put out the fire but some cargo was reduced to ashes. At this stage, no fault or blame is being directed to any party. A quick assessment by the Master and Chief Engineer ascertained the ship was able to resume her voyage to the nearest port of distress.

An initial report showing that the cargo hold that caught fire needs immediate repair as it was badly deformed due to the —————————-high degree of the fire. The owner of MV”Dhoha” quickly consulted the Company’s legal advisor to make the decision to declare as General Average (GA).

Question:

In this mishap, how you as a Company Legal advisor would advise the Owner to declare to General Average and what ample and concrete evidence or criteria constituted GA?

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