Issue of Transport Law
DRAFT OUTLINE INSTRUMENT

4 Obligations of the Carrier

4.1 The carrier shall, in accordance with the terms and conditions of the contract of carriage, carry the goods to the place of destination and deliver them to the consignee in the condition in which they were received by him from the consignor.

This is the basic obligation of the carrier, which is further qualified by the other provisions of this Instrument as well as by the terms and conditions of the contract of carriage, such as an agreed time limit for delivery.

4.2 During the period of its responsibility the carrier shall properly care for the goods.

This provision is a contraction of article III, rule 2, of the Hague-Visby Rules. It provides for the standard of care that the carrier has to exercise in respect of the goods. Pending the further discussions on the liability regime, a provision along the lines of article III, rule 1, i.e. the due diligence of the carrier, has not been inserted yet.

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