MARITIME LAW — Carriage of Goods by Sea — Fundamental Breach — Hague Rules Limitation Not Available on Fundamental Breach

This principle establishes that the Hague Rules limitation on liability does not apply where there is a fundamental breach of the contract of carriage. Where the carrier offers no explanation for the loss and the shipper proves fraud, misrepresentation, or negligence, the carrier cannot rely on the per package limitation. The principle prevents carriers from escaping liability through technical limitations where they have fundamentally breached their obligations. It applies in carriage of goods by sea cases. The shipper must plead and prove the misconduct. The principle ensures accountability in maritime transport.