Carriage by Air Act 1974(Act 148) and Orders & Carriage of Goods by Sea Act 1950(Act 527) (AS AT 25th February 2011)

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Carriage of Goods by Sea Act 1950(Act 527)

The Carriage by Air Act 1974 (Act 148) and the Carriage of Goods by Sea Act 1950 (Act 527) are two separate acts in Malaysia that govern the transportation of goods by air and sea respectively. Here are some details about each act:

1. Carriage by Air Act 1974 (Act 148):

The Carriage by Air Act 1974 regulates the rights and liabilities of carriers, consignors, and consignees in relation to the carriage of goods by air. The act is based on the Warsaw Convention, which is an international treaty that governs the liability of airlines in international air transportation.

Some key provisions of the Carriage by Air Act 1974 include:

• Liability for damage: The carrier is liable for any damage that occurs during the carriage of goods by air, unless they can prove that the damage was not due to their negligence.

• Limits on liability: The act sets limits on the amount of liability that the carrier has in case of damage or loss of goods.

• Time limit for claims: Any claims for damage or loss of goods must be made within a certain time limit, which is generally two years from the date of the incident.

• Jurisdiction: Any legal action arising from the carriage of goods by air must be brought in the court of the country where the carrier has their principal place of business.

2. Carriage of Goods by Sea Act 1950 (Act 527):

The Carriage of Goods by Sea Act 1950 regulates the rights and liabilities of carriers, consignors, and consignees in relation to the carriage of goods by sea. The act is based on the Hague-Visby Rules, which is an international convention that governs the liability of carriers in international maritime transportation.

Some key provisions of the Carriage of Goods by Sea Act 1950 include:

• Liability for damage: The carrier is liable for any damage that occurs during the carriage of goods by sea, unless they can prove that the damage was not due to their negligence.

• Limits on liability: The act sets limits on the amount of liability that the carrier has in case of damage or loss of goods.

• Time limit for claims: Any claims for damage or loss of goods must be made within a certain time limit, which is generally one year from the date of delivery or the date when the goods should have been delivered.

• Jurisdiction: Any legal action arising from the carriage of goods by sea must be brought in the court of the country where the carrier has their principal place of business.

Overall, both acts aim to provide a framework for the carriage of goods by air and sea, and to ensure that carriers, consignors, and consignees have clear rights and liabilities in relation to the transportation of goods.