The Hague Rules stipulates the exemption of shipowners, among which the primary and basic obligation of shipowners is seaworthiness. Even if the ship is seaworthy.
Specific requirements for changing the obligation: a. The ship is seaworthy before and at the time of sailing; B. Crew manning, ship equipment and supply are appropriate
In this case, the reason why warehouse 1 was flooded was that the screw under an intact nut cracked, and the cargo ship was considered seaworthy by a qualified surveyor before sailing, so this matter belongs to the potential danger of the ship that the qualified surveyor could not find through standard inspection means. Therefore, the ship is exempt from liability for compensation. (See Hague Rules-Item 16 on carrier's immunity: potential defects that cannot be discovered despite due diligence. )。 )
2. Hatch No.3: Take responsibility for negligence.
The Hague Rules, item 1, stipulates that the captain, crew, pilot or employee of the carrier acts, neglects or fails to perform his obligations in sailing or managing the ship. This provision is limited to the management of ships.
In this case, the cargo was damaged because a crew member did not close the hatch cover of No.3 cargo hold after opening it, resulting in rainwater entering the cargo hold. This behavior is completely in charge of goods. Therefore, it does not belong to the carrier's exemption scope, so the ship should bear the liability for negligence.