This research is important for the determination of the basis of shipper liability, in particular whether the fault of the shipper is taken into account or whether the shipper’s liability is strict. The research question asks to what extent the mental element of the shipper is relevant to the determination of the shipper’s liability for cargo. The researcher seeks to prove that although the rules seek to distinguish between liabilities which are fault-based and those which attract strict liability, considerations made in the determination of liability results in an unclear line being drawn between the two. The minimal application and the limited existence of fault-based rules would be consistent with the overall nature of the strict contractual liabilities of the shipper.