By Ralph De Wit
This work covers the common carrier liability and documentation issues. The book includes a comparative study of the law in six countries (Belgium, France, Germany, The Netherlands, the United Kingdom and the USA) regarding multimodal transport encompassing the various modes of transport.
In addition, the general law of obligations (contract and tort), which differs considerably between states has been provided, taking into account how it applies to a multimodal contract.;The book begins with a general description of the relevant concepts in the law of obligations of the various countries described, followed by an account of the attempts which have been made at harmonization of multimodal transport.
The central section is specifically concerned with the transport document and the problems which it generates, and this is supported by a score of practical examples of what can go wrong in a multimodal transport operation, where the legal dangers lie, and how they can possibly be avoided.
The final part is concerned with the complex and important problem of the liability of third parties, who have been employed as servants, agents or independent sub-contractors by the carrier, vis-a-vis the cargo interests.
Part 1: Fundamental Notions Regarding Multimodal Transport
- 1. The legal concept of multimodal transport
- 2. The broader context: general rules of carrier liability in the various modes of transport
- 3. Summary and conclusions
Part 2: The Multimodal Transport Document
- 4. General characteristics of transport documents
- 5. The transport document and the consignee's position under a contract of carriage
- 6. Evolution of the bill of lading and evolvement of the multimodal transport document
- 7. Summary and conclusions
Part 3: The Multimodal Transport Operator's Contractual Liability
- 8. General principles governing the establishment of carrier liability in multimodal transport
- 9. The establishment of a prima facie case
- 10. Defences and recourse actions available to the multimodal transport operator
- 11. Other arguments available to the cargo claimant
- 12. Statutory limitation of carrier liability
- 13. Summary and conclusions
Part 4: Direct Actions as Against Sub-Contractors
- 14. General outline of the problem caused by bringing direct actions as against third parties, sub-contractors of carriers
- 15. The solution in the international transport conventions
- 16. Contractual means of avoiding, or limiting the consequences of, actions against sub-contractors
- 17. Summary and conclusions
- 18. General summary and conslusions: eigh points of view on carriage of goods and on multimodal transport in particular