Volcafe Ltd v Cia Sud Americana de Vapores SA
2018 · [2018] UKSC 61, [2019] AC 358
Posted By lanbuk.com
- Facts
- Coffee was shipped in containers from Colombia to Germany and arrived damaged by condensation. The Hague Rules required the carrier to take reasonable care and excused inherent vice unless the carrier's caused that vice to operate. The evidence did not show how much absorbent paper had been used.
- Issue
- Who must prove of care, and who must prove that an excepted peril operated without the carrier's fault?
- Held
- The carriers were liable as . They had to prove both inherent vice and that they had not been at fault. They did neither.
- Principle
- A contract of carriage by sea remains a for reward on terms. The bailee's duty is to take reasonable care, and the burden of disproving negligence stays on the bailee. The cargo owner proves good condition on receipt and damage, or non-delivery, on arrival.
- Why it matters
- It is the modern statement of the reversed burden, and it confirms that common-carrier is of little practical importance because few carriers still have that status.
Words and Latin in this note
- Strict liability
- An offence in which the prosecution need not prove a guilty mind as to one or more elements. The act must still be proved, and it must still be voluntary. The presumption is that mens rea is required, unless the statute or its subject matter displaces it. Open the note.
- Bailment
- A transaction in which a bailee lawfully receives possession of the bailor's goods for a purpose. Ownership stays with the bailor. It is its own source of duties, and it does not require a contract. Open the note.
- Bailee
- The person who lawfully receives possession of goods from the bailor for some purpose, and must take care of them and return the same goods. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.