3.4 Transporter's Liability: Conditions, Extent and Exceptions

The liability's structure (the regimes' common core): the presumption-of-fault (the loss- damage-delay during the carriage — the carrier's answer unless the exceptions); the burden's placement (the claimant proves the loss; the carrier the exception). The extent: the package-or- weight limits (the Hague-Visby's faces — the per-package-and-per-kilo; the SDR's denomination); the declared-value's exception (the higher liability's option). The exceptions (the sea's famouscatalogue): the nautical fault (the navigation's error — the master-and-crew's acts: the historic immunity — the Hamburg-rotterdam's erosion), the fire (without actual fault), the perils of the sea, the act of God, the inherent vice, the packing's insufficiency, the strike. The regimes' line: theHague Rules 1924 → the Hague-Visby 1968 → the Hamburg Rules 1978 (the liability's rebalancing) → the Rotterdam Rules 2008 (the maritime-plus-the-electronic — the unratified modernity); the air's Montreal 1999; the road-rail's conventions. The Nepal faces: the carriage's domestic law (the Carriage by Land Act's world); the foreign-carriage contract's regimes (the Nepali trader's B/L under the Hague-Visby world); the Kolkata-and-Visakhapatnam routes' practice.