Carrier is deemed to be in charge of the goods at the time of receipt of goods to the time of delivery.
Whereas the Hague-Visby Rules denotes the Scope of Coverage as an implication where it covers the period of time when the goods are loaded on the ship to the time they are discharged from the ship. ((Sundaram, 2004, pg 12)
When the matter of Carriers' Covered is taken into consideration the Hamburg Rules covers carriers that conclude a contract of carriage of goods by sea or are named in a contract of carriage of goods by sea with a shipper. Also covers "actual carriers" which include any person entrusted by the carrier to perform all or part of the carriage of the goods. (Sundaram,2003, pg 29)
Under the Hamburg Rules the carrier is liable for loss, damage, or delay in delivery of goods, if the loss occurred while the goods were under the carrier's charge, unless the carrier proves that he, his servant or agents took all measures that could reasonably be required to avoid the occurrence and its consequences (loss or damage).
More over, in accordance to the Carrier Liability or Duty of Care rules of Hague-Visby Rules the carrier shall properly load, handle, stow, carry, keep, care for, and discharge the goods carried and supply ship. ((Sundaram,2004, pg 21)
In the case of Carrier Defenses to Liability Hamburg Rules states that the carrier must prove that he, his servants or agent took all measures that could reasonably be required to avoid the occurrence and its consequences.
Whereas under The Hague-Visby Rules the loss or damage resulting from:
1. Unseaworthiness (but the carrier must show that the unseaworthiness did not result from carrier's lack of due diligence);
2. Error in navigation or management of the ship;
3. Fire (unless