Cargo Claims — the Liability Architecture of the Code
In international practice cargo liability is known through the Hague and Hague-Visby Rules — non-Georgian regimes; in Georgia a cargo dispute rests on the Maritime Code's own architecture, and the fight turns on the allocation of proof: Article 156 presumes the carrier at fault — with a closed exoneration list; Article 157 keeps the historic nautical-fault defence, outside cabotage; Article 158 ties the proof of shortage to seals and packaging; Article 159 fixes the measure of damages; and Article 164 gives the carrier its counter-claims.
The Presumed Fault and the Exoneration List — Article 156
The carrier is liable for the loss, shortage or damage of cargo received on board, unless it proves that the loss was caused by circumstances independent of it. The exoneration list is closed: force majeure; perils and accidents of the seas and other navigable waters; fire without the carrier's fault; the rescue of life, ship or cargo, or attempted rescue; an order of the authorities or their action — arrest, detention, quarantine; war, terrorist acts, civil disturbance; the shipper's or consignee's negligence; the inherent vice or natural shrinkage of the cargo within the established norms; latent defects of packaging; insufficient or indistinct marking; strikes or other circumstances that stopped or limited work.
Liability attaches from the moment the cargo is received for carriage and is shed at the moment of delivery. The validity rule is decisive: a contract of carriage by sea that does not conform to this article's rules is void — except an agreement on liability for the period before loading onto the ship and after discharge up to delivery. The Code thus restricts attempts to contract out of cargo liability.
Nautical Fault — Article 157
For the loss, shortage, damage or spoilage of cargo — save cargo carried by cabotage — the carrier is not liable if it proves that the harm occurred during the navigation or management of the ship through the negligence or other act of the master, other crew members or the pilot: this is the historic nautical-fault defence. But where the act of the same persons during loading, stowage, carriage, discharge or delivery caused the harm, the carrier answers — commercial fault creates no exemption.
Seals and Packaging — Article 158
The carrier is not liable for a shortage of cargo delivered in the port of destination where: the ship's holds, lighters and containers are in order, and the seals affixed by the shipper are intact; the packaging is whole and there is no trace of opening en route; the cargo is removed by the shipper's or consignee's representative, and the consignee cannot prove that the shortage was caused by the carrier. The mechanism thus obliges both sides to gather evidence at once: photographs of the seals, the condition of packaging, the delivery record. These details carry practical value: the condition of the seals and the value of the packaging are often precisely the documentary facts that fix the moment of the damage and the causal link.
The Measure of Damages and Counter-Claims — Articles 159 and 164
The carrier compensates damage from loss or injury of cargo as follows: for loss or shortage — the value of the missing cargo; for damage or spoilage — the amount by which the cargo's value decreased. The carrier returns the freight received if it is not included in the value of the lost or missing cargo. The responding side is active too: for the ship's delay, late or non-delivery of cargo, delays of loading and discharge performed by the shipper's or consignee's forces, and other breaches, liability lies with the shipper or the consignee — the dispute cuts both ways.
Frequently Asked Questions
Below we answer the questions most frequently raised about cargo claims.
Who bears the burden — the carrier or the consignee?
The structure is this: the accusation sits on the carrier — it is presumed liable; to escape the exoneration list the carrier itself must prove the cause; in the case of a sealed shortage the burden shifts to the receiver.
Are cabotage and international carriage the same?
No — the nautical-fault defence does not extend to cabotage: for cargo carried by cabotage the carrier cannot rely on it.
Can liability be reduced by contract?
No — a contract non-conforming to the rules is void, save an agreement on the period before loading and after discharge.
How is the damage measured?
By the value of the shortage; in case of damage — by the decrease in value; the freight is returned where not included in the lost value.
How We Help on Legal.ge
A cargo claim is a battle of evidence: seals, records, the computation of damage and the precise reading of the exoneration list. The specialists at Legal.ge will explain Articles 156, 157, 158, 159 and 164, assess your position, and prepare the demand or the statement of claim. Contact us through the Legal.ge form.