V. The relevant enactments
The damage occurred on a sea voyage, and a sea voyage from Norway to England is subject to the mandatory rules in the Maritime Code of 1994 – which in this respect is in conformity with the Hague-Visby Rules.(1) Hague-Visby Rules = Convention for the unification of certain rules of law relating to Bills of Lading, 1924, and Protocol to amend the International Convention for the unification of certain rules of law relating to Bills of Lading, 1968.The carrier is liable for cargo damage, unless he can show that the loss was not due to his personal fault or that of anyone for whom he is responsible (Section 275). The liability is, however, subject to two important exceptions regarding loss due to nautical error or fire (Section 276). In addition, there are provisions on limits of liability (Section 280), but this protection is lost if it shown that the carrier “personally caused the loss wilfully or through gross negligence and with knowledge that such loss would probably arise” (Section 283).
The Road Carriage Act of 1974, which is in conformity with CMR,(2) CMR = Convention on the contract for the international carriage of goods by road of 1956. However, with some notes where – in my opinion – the translation is unfortunate.also has mandatory liability rules applicable to the case under review. The liability regime is, however, close to strict liability (Sections 27 to 29). In addition, liability is here subject to limitation, but with higher amounts than in sea carriage (Section 32); and, furthermore, the right to limitation is lost when the damage is caused wilfully or with gross negligence, not only by the carrier himself, but also by anyone for whom he is responsible (Section 38).
In principle, there are two separate regimes, and problems would appear to arise only when there is uncertainty as to whether damage occurred during the sea or during the road carriage. However, according to the Road Carriage Act, Section 4 damage may be subject to the Road Carriage Act even if the damage occurs on a vessel:
“If a vehicle with cargo is carried for part of the transport distance by vessel, train or aeroplane and the cargo is not unloaded from the vehicle, except for the reasons listed in Section 22, this Act is nevertheless applicable for the total transport.
However, if it is proven that loss, damage or delay occurred under the transport during other means of transport which is not caused by the road carrier, but by some event which could only have occurred in the course of and by reason of the carriage by that other means of transport, the liability of the road carrier is determined by the rules applicable to carriage of cargo with the other means of transport … “ (my translation).
Summing up: A road carriage contract may cover a sea leg, but difficult liability questions may arise when the cargo is damaged on board a vessel.