A Study on the Shipper’s Duty to Inform of Dangerous Cargo under Carriage of Goods by Sea

Abstract

To ship dangerous goods, the shipper is required to prepare a form certifying that the cargo has been packed, labeled and declared according with the IMDGC or SOLAS. But the carriage of dangerous goods raises two main problems: the responsibility of the carrier for loss of the dangerous cargo itself; and the responsibility of the shipper to the ship and the carrier for damage caused by the dangerous goods. In order to determine the foregoing responsibilities one must ascertain in each case whether the carrier and the shipper knew or should have known of the dangerous nature of the cargo. Under the common law, the shipper’s warranty as to the suitability of the goods for carriage is modified if the carrier knew or should have known of the dangerous cargo. Also, in the civil law such as Germany, France, and Japan, the shipper’s obligation to the carrier to tender goods which are suitable for carriage is contractual obligation and it would seem to be an absolute one. In this respect, the shipper's duty to inform dangerous goods is important in order to set the standard for the cargo claim. This paper discusses the subject of shipping dangerous cargo at common law and civil law. Especially, the paper reviews and analyzes some issues as to shipper’s duty to inform dangerous goods in the carriage of goods by sea. By examining theories and researching cases, it presents current problems in the Commercial Code of Korea. Finally, it proposes certain further amendments of the Code.