Liability for deck cargo and the Hague-Visby Rules: some reflections

The exclusion of deck cargo from the scope of application of the Hague-Visby Rules should not be mistaken for a lack of regulation: liability for deck cargo will in fact be subject to the duties and liabilities provided for by the law applicable to the contract of carriage under which the cargo is carried.

“Deck cargo” is expressly excluded by the definition of “goods” contained in article I(c) of the Hague-Visby Rules. That exclusion applies only if two conditions are simultaneously satisfied: (1) the contract of carriage states that the cargo is carried on deck; and (2) the cargo is physically carried on deck. ¹