선하증권상 화물의 외관 상태의 기재의무에 관한 고찰

A Study on the Obligation to Describe the Apparent Order and Condition of the Goods on the Bill of Lading

The Rules distinguish between information in the bill of lading which is provided by the shipper, as to which the shipper is deemed to have given a guarantee of its accuracy and has an obligation to indemnify the carrier in the event that the information is inaccurate, and the apparent order and condition of the cargo, which is not provided by the shipper and as to which the shipper gives no guarantee and undertakes no obligation to indemnify the carrier. As matters currently stand, in the absence of an express indemnity in a voyage charterparty, a voyage charterer or shipper is not responsible for the inaccuracy of including the words ‘apparent good order and condition’ in a draft bill of lading. The Tai Prize decision is unsurprising in result in that it reaffirms the Master’s obligations under the Hague-Visby regime. The Supreme Court has refused permission to appeal and has therefore affirmed the decision of the Court of Appeal. It observed that a case on slightly different facts particularly if it could be shown that shippers had knowledge of the defective condition of the cargo, might well attract judicial consideration in the future.