A carrier, at any time, may discharge goods that have been loaded onto the ship in violation of laws and regulations or not in accordance with a contract for the carriage of goods in a general ship, and may abandon these goods if they are likely to harm the ship or other cargo.
If a carrier has transported cargo provided for in the preceding paragraph, it may claim the maximum amount of freight charges for the same type of goods at the place and time of loading.
The provisions of the preceding two paragraphs do not preclude a carrier or other interested person from claiming compensation against a shipper for loss or damage.
Read this with the articles around it
carrier
「運送人」
A person whose business is undertaking land, marine or air transportation.
Defined inArticle 569, paragraph (1), item (i)· applies throughout the law
ship
「船舶」
In the part on maritime commerce (except Article 747), a ship used for navigation for the purpose of commercial transactions (商行為), other than rowboats and other boats driven only or mainly by oars.
Defined inArticle 684, paragraph (1)
contract for the carriage of goods in a general shipcorrected by this site
「個品運送契約」
A contract of carriage by sea whose object is individual items of goods, under which the carrier must load and stow the goods it receives from the shipper.
Defined inArticle 737, paragraph (1)· applies only in this section
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.