the travaux préparatoires hague rules hague-visby rules - Comite ...

496 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of the Hague and Hague-Visby Rulesloss or damage to or in connection with goods if the nature or value thereof has beenwilfully misstated by the shipper”, and stop there.Mr. McConechy: Yes.The Chairman: What do the Committee say as to that? Is it agreed?Sir Alan Anderson: Is that quite right, Sir? If the value has been misstated.The Chairman: Wilfully misstated.Sir Alan Anderson: I know, but I object to the “wilfully”. If the value has been misstatedthen surely the ship ought not to be responsible.Mr. McConechy: I am trying to get rid of your word “falsely”.Sir Alan Anderson: I know; but if you make a mistake - it is almost incredible thatyou should do so, but if you do make a mistake and put down a wrong value, oughtthe ship to be responsible?Sir Norman Hill: Sir Alan will appreciate that the clause which we are now dealingwith, deprives the cargo owner of any claim. If the value is incorrectly stated, buthonestly, mistakenly, stated, then the cargo owner can claim the real value against youup to the limit. He does not claim beyond the limit, whatever is the real value of thegoods. He cannot get above the limit.Sir Alan Anderson: Yes, I see.The Chairman: Is that agreed? (Agreed).Text adopted by the Conference5. Neither the carrier nor the ship shall be responsible in any event for loss ordamage to or in connection with goods if the nature or value thereof has been WILFULLYMISSTATED BY THE SHIPPER.CMI 1922 London ConferenceText submitted to the Conference(CMI Bulletin No. 65 - Gothenborg Conference)[368]5. Neither the carrier nor the ship shall be responsible in any event for loss ordamage to or in connection with goods if the nature or value thereof has been wilfullymisstated by the shipper in the bill of lading.Text adopted by the Conference(CMI Bulletin No. 65 - Gothenborg Conference)No change.[382]