CIP 조건에서 갑판적재 화물손해에 대한 매도인과 복합운송주선인의 책임

The Liability of the Seller and the Freight Forwarder for Loss of Deck Cargo under the CIP Terms

In The Green Island of U.K., the ambulances were sold under the CIP terms of Incoterms 2000. The freight forwarder acting on behalf of the seller had arranged sea carriage on “RO-RO term” and insurance cover containing “under deck warranty”. The goods were lost at sea after being carried on deck. The buyer brought the legal proceeding against the seller, alleging that he was in breach of his obligations to contract on “usual term” for the carriage and to obtain insurance entitling the buyer to claim from the insurer. The seller in turn brought the legal proceeding against the freight forwarder, asserting that he failed to use a reasonable skill and care as a specialist in arranging the contracts of carriage and insurance. The Court of Appeal held that both the seller and the freight forwarder were not liable for the buyer’s loss, contrary to the first instant’s decision. This article analyzes the reasons given by the Court of Appeal, and also provides practical implications in respect of the deck carriage on all concerned parties including the seller, the buyer, the freight forwarder, the ocean carrier in order to prevent legal disputes.