지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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It has been widely acknowledged that a carrier’s liability shall be limited to certain amount per package or per an accident. In this respect, the Hague Rules,which was adopted in 1924, limits a carrier’s liability to 100 pounds per package.
Numerous countries including U.S.A, Korea, accepted the Hague Rules.
Nevertheless, it has been criticized that a carrier’s liability is limited even though the damage is caused by its willful or gross negligent conduct. The Hague-Visby Rules, which is an amendment to the Hague Rules, provides some an exception to the package limitation of a carrier’s liability. Korea accepted the Hague-Visby Rules, but U.S.A. didn’t. However, U.S. federal courts recognized some exceptions in case of vacant B/L, or misrepresented B/L.
In Berisford case regarding misrepresented B/L, the federal court concluded that carrier must held responsible for full value of the lost cargo and cannot invoke the $500 package limitation of liability provision of COGSA. The court applied a higher standard in the event that a carrier makes a representation in a B/L with respect to its own conduct since it is reasonably expected to be aware of its own actions, including whether or not it has loaded cargo. Furthemore, the court held that the carrier’s misrepresentation amounted to a fundamental breach going to the very essence of its contract and precluding it from invoking those package limitation of liability provision.
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