Abstract:
The ship's agent who engages on behalf of the owner, charterer, hirer, operator of a ship or owner of cargo in providing shipping services, navigation, carriage of goods by sea, charter of the ship, hire of the ship, receive or pay of money, arrangement and operator documentation and forwarding of cargo, contact with quarantiiie officers, harbour authorities organizing, arrival or departure arrangements for the ship or arranging for the supply of services to a ship while in port is not a carrier or actual carrier according to the section 3 of The Carriage of Goods by Sea Act 1991.Although the ship's agent doesn't have any liability according to The Carriage of Goods by Sea Act 1991, the ship's agent who makes a contract on behalf of a principal carrier who is, and has his domicile, in a foreign country ispersonally liable on the contract although the name of the principal has been disclosed, unless the terms of the contract are inconsistent with his liability, according to section 824 of The Civil and Commercial Code. This special provision is imposed to protect the third person. The third person is entitled to file an action against the ship's agent, whom has his domicile in the country, when loss or damage has been occurred during the period that the carrier is in charge of the goods. In the case like this, the ship's agent is unable to gain benefit from any exception or limitation of liability pro'vided by The Carriage of Goods by Sea Act 1991 in the same way as the carrier does.To solve the problem arising from the enforcement against ship's agent. The whole of principle of universal trade law. must be considered when it is possible to enforce the crop claim against ship's agent the rule On liability of the ship's agent must be in time with the international mie and Thai maritime business environment. This thesis is offering guidelines to solve those problems by making amendments to The Carriage of Goods by Sea Act 1991 to make the ship's agent be able to gain benefits from the exception or limitation of liability provided by The Carriage of Goods by Sea Act 1991 like the carrier and the actual carrier.