1. carrier
   1. what?
      1. owner or charterer who enters into a contract of carriage with a shipper
   2. why?
      1. loss of or damage to cargo during sea carriage by vessel, consignee will be left with the task of finding an effective means of pinning liability on some party
      2. a carrier in order to be subject to obligations and entitled to the rights and immunities conferred in the Hague Rules
      3. must be party to contract of carriage by a BL or similiar document of title related to the sea carriage
      4. by indentifying the carrier, can ascertain whether the contract of carriage by or on behalf of shipowner or the charterer.
      5. shipowner's BL or charterer's BL
   3. HVR carrier
      1. other parties other than the owner or charterer may be carriers.
      2. eg freight forwarder
      3. he issues documentation which on normal interpretation indicates that it is acting as a carrier.
      4. cause when he cahrteres a ship, or procures space under BL on his own account, the the relationship has reference to contract of carriage.
      5. however, the forwarder intends to act as agents when they charter vessels or consolidate separate shipmentsw into a container.
      6. they enter into a BL contract or C/P contract as agents and this is clearly borne out by the facts, then they are mere agents and not carriers.
      7. they are acting as agents for their customer (the shipper)
2. employment / indemnity clause
   1. what?
      1. master appointed by owner but under orders of charterer as regards to
      2. employment, agency or other arrangements
      3. charterer must indemnify owner against consequences or liabilities araising from master, crew or agents signing BL or other documents or otherwise complying with such orders.
      4. the owners may be entitled to an indemnity either under the express terms of the clause or by implication of law.
   2. indemnity causation: charterer must indemnify the shipowner for losses caused by the captain acting under the orders of the charterer.
   3. however not all consequences resulting from charterer's orders will give shipowner indemnity.
      1. eg. negligence of captain (navigation, etc)
      2. eg. wrongful order followed by captain