Jindal Iron & Steel Co Ltd v Islamic Solidarity Shipping Co Jordan Inc (The Jordan II)
[2004] UKHL 49
Ratio Decidendi
Under the Hague Rules, the carrier's obligation to properly and carefully load, handle, stow and discharge the goods cannot be delegated so as to relieve the carrier of responsibility.
ข้อเท็จจริง
Steel coils were damaged during loading onto the vessel. The loading was performed by stevedores engaged by the shipper under the custom of the port. The carrier argued it was not responsible for the negligence of stevedores it had not engaged.
สรุปคำพิพากษา
The House of Lords held that Article III rule 2 of the Hague Rules imposes a non-delegable duty on the carrier to properly load, stow and care for the cargo. Even where loading is performed by the shipper's stevedores, the carrier remains responsible for ensuring the operation is done properly.
คำกล่าวสำคัญ
"The carrier's duty under Article III rule 2 is to ensure that the cargo is properly loaded, stowed and discharged. It is not simply a duty to exercise due diligence in selecting competent contractors."
— Lord Steyn
การอ้างอิงภายหลัง
Leading authority on the non-delegable nature of carrier duties under the Hague/Hague-Visby Rules.