| Award 1218

Award 1218 – Rice in bags under B/L – Shortage and torn bags at discharging – CAMP competence – Receivers entitled to sue – Carrier’s liability for shortage (yes), for torn bags (partly). During discharge in Abidjan of a cargo of rice in bags loaded in Vietnam and Thailand, shortage and wastage due to torn bags were ascertained. A letter of undertaking from P and I Club gave competence to CAMP. The receiver holding a bill of lading to order is a legitimate holder and is entitled to sue the carrier identified as such on the bill of lading. The carrier, whose liability was judged according to the provisions of the Brussels Convention, was condemned to pay in full for the shortage but only 50 % for loss resulting from torn bags in view of their frequent occurrence.