The treatment of the sea peril exception of the Hague-Visby Rules in common law and civil law jurisdictions

Abstract

The present study is a comparative analysis of the international ocean carrier of goods sea peril exoneration (article 4.2.c of the Hague and the Visby Rules) following Australian, English, Canadian, French, Italian, Greek and Chinese laws. The author analyses the main characteristics of the liability defence under the mentioned domestic laws in seeking to determine whether uniformity in the qualification of the exception exists or is possible.