3.0 Background and Premise

At common law, the responsibility to load, stow, carry, and discharge cargo rests with the shipowner.1 However, it is well accepted that this common law duty may be altered through clear and unequivocal contractual provisions.2 Additionally, the law respects the parties’ contractual autonomy to reassign such obligations.3 The scope of a shipowner's cargo-related obligations is intrinsically linked to their level of operational control. The rationale underpinning the common law's assignment of liability is the assumption that control implies the capacity to avert harm.4 These tasks—loading, stowage, carriage, and discharge—demand considerable oversight, planning, and execution, all of which imply control. Control enables foresight and the opportunity to mitigate potential risks. Accordingly, the shipowner's central position of authority warrants the imposition of these responsibilities. Possessing the most comprehensive access to the vessel and its operations, the shipowner is best positioned to implement precautionary measures. This includes the enforcement of safety standards, effective cargo supervision, and responsive action to unexpected events.5 Thus, under the common law framework, this