<論説>危険物の船積と荷送人の責任

概要

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The shipper impliedly undertakes that he will not ship goods likely to involve unusual danger without communicating to the shipowner facts which are within his knowledge indicating that there is such risk, if the shipowner does not and could not reasonably know those facts. But there is no authority decisive on the point as to whether the shipper is liable for shipping dangerous goods without a communication of their nature, when neither he nor the shipowner is aware of the danger. It may be contented that there is an absolute guarantee on the part of the shipper that the goods are safe and fit to be carried on the voyage, and so the loss occassioned by the dangerous quality of the goods should be cast upon the shipper. But this view is ill-founded, for it seems very difficult that the shipper can be liable for not communicating what he does not know. I think that the true nature of this implied undertaking is not that of an absolute guarantee of the harmlessness of the goods, but only a guarantee that the goods are not dangerous to the knowledge of the shipper and that he has taken reasonable care to assure himself of that fact.
関西学院大学の論文
1973-03-30