Commercial Maritime Law

1. The carrier shall not invoke limitation of liability for the loss, damage, or delay of delivery of the goods if it is established that the same is caused by an intentional act or omission on the part of the carrier or his representative or any of his servants, or by negligence with the knowledge that damage may occur. 2. The carrier or his representative is presumed to have the intent to cause damage in the following cases: a) If the carrier issues a bill of lading free of reservations with the intent to cause harm to a bona fide third party. b) If the carrier transports the goods on the deck of the vessel in violation to the provisions requiring shipment of the same in the holds of the vessel.