Rotterdam Rules: A Practical Annotation
Liability of the Carrier for Loss, Damage or Delay
Article 17. Basis of liability
In order to establish the liability of the carrier the claimant has two options under Article 17.1: either to establish that the loss of, damage to the goods or delay took place during the period of the carrier’s responsibility under Article 14, or that a causative event or circumstance took place during the same period. For instance, where the cargo becomes wet and as a result it later becomes damaged by rust, it would be sufficient for the claimant to prove that the cargo became wet while in the period of responsibility of the carrier. Thus liability is established with respect to the timing of the damage, the loss or the delay and not by proving a specific breach of contract.