The slides, written out
AI-drawn illustration. Simplified to explain the idea, not to scale.
Slide 1 · HAGUE-VISBY
HAGUE-VISBY
RULES
CARRIER & SHIPPER
RESPONSIBILITIES
+ MARITIME LIENS
EXPLAINED
CARRIER
DUTIES
SHIPPER
OBLIGATIONS
BILL OF
LADING
MARITIME
LIENS
Slide 2 · CARRIER'S
CARRIER'S
KEY OBLIGATIONS
UNDER HAGUE-VISBY RULES (ARTICLE III)
1. DUE DILIGENCE
BEFORE VOYAGE (ART. III, r. 1)
Make the ship
seaworthy
Properly man
the ship
Equip and supply
the ship
Make cargo spaces
fit for carriage
2. CARE OF CARGO
(ART. III, r. 2)
Load the goods
properly
Handle and stow
properly
Carry the goods
carefully
Keep and care
for the goods
Discharge the goods
properly
3. ISSUE A BILL OF LADING
ON DEMAND (ART. III, r. 3)
After receiving the goods, issue a
Bill of Lading showing:
Leading
marks
Number of
packages / pieces
Quantity /
weight
Apparent order
and condition
of goods
4. BURDEN OF PROOF
(ART. IV, r. 1)
If loss or damage results
from unseaworthiness,
the carrier bears the
burden of proving due
diligence was exercised.
CARRIER'S RESPONSIBILITY THROUGH THE VOYAGE
BEFORE
VOYAGE
Due diligence &
seaworthiness
LOADING
Proper loading
& stowage
VOYAGE
Careful carriage
& preservation
DISCHARGE
Safe & proper
discharge
Slide 3 · SHIPPER'S
SHIPPER'S
KEY OBLIGATIONS
UNDER HAGUE-VISBY RULES (ARTICLE III & IV)
1. ACCURACY WARRANTY (ART. III, r. 5)
2. DANGEROUS GOODS (ART. IV, r. 6)
3. LIABILITY EXPOSURE (ART. IV, r. 3 & 6)
The shipper guarantees the accuracy of the information provided at the time of shipment:
If the shipper ships dangerous goods without the carrier's knowledge:
The shipper is liable for all loss, damage or expense arising directly or indirectly from:
Marks
Number of packages / pieces
Quantity
Weight
Carrier may
Land
Destroy
Render innocuous
Act, fault or neglect of the shipper, his agents or servants
Shipment of dangerous goods without proper declaration
Inaccurate marks, number, quantity or weight
The shipper shall indemnify the carrier for any loss, damage or expense arising from inaccuracies.
Carrier is not liable for any act done in good faith under this provision.
SHIPPER RESPONSIBILITY WORKFLOW
CARGO INFORMATION
VERIFY ACCURACY
DISCLOSE ANY HAZARDS
SHIPMENT PROCEEDS
THE SHIPPER'S DUTY IS TRANSPARENCY, ACCURACY AND DISCLOSURE. FAILURE CREATES LIABILITY.
Slide 4 · MARITIME LIEN VS
MARITIME LIEN VS. POSSESSORY LIEN
UNDERSTANDING THE DIFFERENCE
FEATURE | MARITIME LIEN | POSSESSORY LIEN
Definition | A privileged claim against a ship, freight, or cargo that attaches to the res (thing itself) and travels with it. | A right to retain possession of goods (or a ship) until a debt due in respect of those goods is paid.
Nature | Proprietary – a right in rem (against the thing). Does not depend on possession. | Possessory security right dependent upon continuous possession.
Attachment | Attaches automatically upon the event giving rise to it. | Arises from work done or services rendered that improve the thing.
Duration | Continues until the claim is satisfied or the lien is lost by laches. Follows the vessel even after sale to a bona fide purchaser. | Ends when possession is voluntarily surrendered (or the debt is paid).
Enforcement | Enforced by an action in rem – arrest of the ship in a jurisdiction that recognises the lien. | Enforced by retention of the goods. Sale only if authorised by statute or contract.
Examples | Salvage, collision damage, crew wages, master's wages and disbursements, bottomry bonds, damage to port works. | Ship repairer, salvor in possession, carrier retaining cargo for unpaid freight.
Key Point | Follows the vessel like a shadow and survives private sale. Judicial sale extinguishes the lien, transferring it to sale proceeds. | Exists only as long as you retain possession.
KEY DIFFERENCE
MARITIME LIENS TRAVEL WITH THE VESSEL
VS
POSSESSORY LIENS DEPEND ON POSSESSION
ENFORCEMENT IN PRACTICE
MARITIME LIEN
POSSESSORY LIEN
ARREST
Claim enforced through vessel arrest by admiralty court.
Holder retains possession of the vessel until payment is made.
IMPORTANT NOTE
Priority among maritime liens varies depending on the jurisdiction and applicable admiralty law.
Drafted by SailR from our daily lessons. AI-drawn illustration. Simplified to explain the idea, not to scale. Last updated 19 Oct 2026.
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