South Australian Current Acts

SEA-CARRIAGE DOCUMENTS ACT 1998 - SECT 9

9—Transfer of liabilities

        (1)         This section applies to a person where rights in the contract of carriage in relation to a sea-carriage document are transferred to the person under section 7 and—

            (a)         before those rights are transferred, the person demands or takes delivery from the carrier of any of the goods; or

            (b)         after those rights are transferred, the person demands or takes delivery from the carrier of any of the goods; or

            (c)         the person makes a claim under the contract against the carrier in respect of any of the goods.

        (2)         A person to whom this section applies is subject to the liabilities under the contract as if the person had been an original party to the contract.

        (3)         A person to whom subsection (1)(a) applies becomes subject to the liabilities under the contract under subsection (2) at the time the rights in the contract are transferred to the person.

        (4)         In this section, a reference to a contract of carriage, in relation to a person who becomes subject to a liability under the contract by virtue of this section, is to be taken to be a reference to the contract as varied by any variation of which the person has notice at the time of becoming subject to the liability.