Assessment 2: Case Study Analysis – The Hague-Visby Rules in Practice

Assessment Brief

Learning Outcomes Assessed

This assessment is designed to evaluate your ability to:

1. Demonstrate a systematic understanding of the international legal framework governing the carriage of goods by sea, with a specific focus on the Hague-Visby Rules.
2. Analyse the respective duties, liabilities, rights, and immunities of the carrier and the shipper under a contract of carriage.
3. Apply complex legal principles to a practical, fact-based scenario, identifying key legal issues and formulating a coherent argument.
4. Critically evaluate the carrier’s defences and the concept of ‘due diligence’ to provide a seaworthy vessel.
5. Construct a well-researched and properly referenced legal opinion in a clear, professional format.

Assessment Task: Scenario

Global Produce Ltd, a shipper based in Kenya, contracted with Oceanic Freighters PLC, a UK-based carrier, for the carriage of a consignment of high-value avocados from Mombasa to Felixstowe. The contract of carriage was evidenced by a bill of lading which expressly incorporated the Hague-Visby Rules.

The avocados were loaded in perfect condition into a refrigerated container (‘reefer’) and placed aboard the carrier’s vessel, the MV Wanderer. During the voyage, two separate incidents occurred:

1. Ten days into the voyage, the reefer’s cooling unit malfunctioned due to what was later discovered to be faulty internal wiring that had not been detected during the pre-voyage maintenance check. This caused the temperature within the container to rise, spoiling approximately 30% of the cargo.
2. Two weeks into the voyage, the vessel encountered an exceptionally severe and unforecasted storm in the Bay of Biscay. The violent rolling of the ship caused several containers, including the one containing the avocados, to break free from their lashings, resulting in further physical damage to the cargo.

Upon arrival at Felixstowe, Global Produce Ltd discovers that their entire consignment of avocados is a total loss. They intend to bring a claim against Oceanic Freighters PLC for the full value of the cargo. Oceanic Freighters PLC denies liability, arguing that: a) They exercised due diligence to make the vessel seaworthy before and at the beginning of the voyage. b) The loss was caused by an ‘Act, neglect, or default of the master… in the navigation or in the management of the ship’ (the faulty wiring) and/or an ‘Act of God’ or ‘Peril of the Sea’ (the storm).

Your Task:

You are a junior legal advisor. Write a legal memorandum advising Global Produce Ltd on the strength of their potential claim against Oceanic Freighters PLC.

Your analysis must:

• Identify the legal basis for the claim under the Hague-Visby Rules.
• Examine the carrier’s fundamental obligations, particularly the duty to exercise due diligence to provide a seaworthy ship under Article III, Rule 1.
• Critically evaluate the defences available to the carrier under Article IV, Rule 2, with specific reference to ‘management of the ship’ and ‘perils of the sea’.
• Provide a reasoned conclusion on the likely success of the claim, considering the interplay between the carrier’s obligations and their available immunities.

You are expected to support your analysis with relevant case law, academic commentary, and statutory provisions.

Marking Criteria

Peer-Reviewed References

Here are several credible academic sources published between 2019 and 2025 to begin your research. You are expected to find additional sources independently.

• Baughen, S. (2020) ‘Rethinking the Carrier’s Obligation of Seaworthiness in the Digital Age’, Lloyd’s Maritime and Commercial Law Quarterly, (4), pp. 543-560.
• Mukherjee, P.K. (2019) ‘The Hague-Visby Rules: A relic of the past or a reflection of the future?’, Journal of International Maritime Law, 25(3), pp. 201-218.
• Soyer, B. and Tettenborn, A. (eds.) (2022) New Technologies, Artificial Intelligence and Shipping Law in the 21st Century. London: Informa Law from Routledge.
• Wilson, J.F. (2021) Carriage of Goods by Sea. 9th edn. Harlow: Pearson Education.