Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Consignee Must Give Notice of His Claim During Delivery of Goods or Within Three Days From Date of Delivery, Otherwise Carrier Is Not Liable

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Arab Law Quarterly

In an action filed before the Dubai Courts, an insurance company under subrogation right brought an action against the owners and charterers of a vessel claiming that they had paid their clients the insured, an amount of Dhs 40,900 for damaged goods which were delivered in damaged condition at Rashid Port. The plaintiff claimed that the rolls of paper were shipped in a good condition whereas they were delivered damaged to the consignee. The Dubai Court of First Instance dismissed this action and the judgment was upheld by the Dubai Court of Appeal. The plaintiffs appealed further to the Court of Cassation; the Court of Cassation held that it is evident from the facts of this case and the documents that include the document issued from the Port Authority that the goods were delivered to the consignee and the consignee raised no objection against the delivery or the condition of the goods. Further the consignee had taken the goods and stored the same in their warehouse in Abu Dhabi and made no-claim within three days from the date of delivery. Pursuant to Article 281 of the UAE Maritime Code, the carrier is not liable and the burden of proof will be shifted to the consignee to prove that the damage had taken place before the delivery. The court held that taking delivery of the goods without giving notice to claim for the damage during the delivery if the damages were apparent, or three days following the delivery, if the damages were not apparent, will release the carrier from responsibility and will shift the burden of proof on the consignee to prove that the damage took place before delivery, unless, of course, a survey was carried out at the time of the delivery where the carrier or his representative and the consignee or his representative were present at the time when the survey was carried out. In view of the above, since the consignee failed to prove that the goods were damaged during transit, the action was dismissed.


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Arab Law Quarterly — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation