1. COGSA "Carriage of Goods by Sea Act"; Only applies to ship- ments from OR to a US port; Only from time goods ac- tually loaded onto ship; Does not apply to above deck transport: can specifically agree otherwise "Clause Para- mount"; Agents of the carrier (loading and unloading)-"Hi- malayan Clau...
1 cogsa carriage of goods by sea act only applies to ship ments from or to a us port only from time goods ac tually loaded onto ship does not apply to above deck transport can specifica
1. COGSA "Carriage of Goods by Sea Act"; Only applies to
ship-
ments from OR to a US port; Only from time goods
ac- tually loaded onto ship; Does not apply to
above deck transport: can specifically agree
otherwise "Clause Para- mount"; Agents of the
carrier (loading and unloading)-"Hi- malayan
Clause"; If US port is involved COGSA is going to
apply; tackle to tackle unless "warehouse clause"
applied; Under "Hague Rules";
2. Harter Act Applies only to goods shipped from one US port to
another US port; Also applies to carrier liability for
goods in carri- er's possession before they are
loaded and after they are unloaded from a vessel;
Prohibits enforcement of broad exculpatory
clauses which had allowed carriers to avoid
liability for damage to goods during shipment
3. COGSA- Notice inspec- tion of the ship and in making
of Damage
4. COGSA- $/pack-
age liability limi-
tation
5. COGSA- Due
dili- gence in
prepara- tion and
1/
, International Business Law Test
4
If damage visible, "package"?---What is stated on Bill of Lading,
written notice to commonly accepted groupings= "Cus- tomary
carrier at the port Freight Unit", any ambiguity is resolved in favor
of discharge at of shipper against common carrier,
the time (or containerization= ship- ping containers are not
before) goods are packages
taken from the
carrier; If damage Ship used must be appropriate for the type of
not visible, carriage, properly equipped for the reception,
written notice to carriage and preser- vation of the goods,
carrier within 3 common carrier must man the vessel with a
days of taking competent crew properly trained to operate the
goods from the vessel, carrier must properly and carefully load,
carrier; Statute of handle, and stow goods
Limitations for
bringing legal
action against the
carrier= 1 year
from the date of
taking goods from
the carrier
$500 per
package
liability;Liability
limited only if
carrier issues a
Bill of Lading;
Carrier is liable
for full amount
of losses due to
carrier's: Lack of
due diligence,
material
deviation, or no
fair opportunity to
raise value above
per package
limitation; What is
2/
, International Business Law Test
4
the ship
seawor- thy
6. COGSA- Material Above Deck Carriage (containerization
Deviation permitted), bill of lading has incorporated "clause
paramount" to address above deck containers;
Unreasonable Route Change- car- rier does not
use customary route (defense for route change
due to bad weather, etc.)
7. COGSA
Exemp- tions Neither the carrier nor the ship shall be
(17) responsible for loss of damage arising from:
1) Neglect or default of master or employees in
the navi- gation or in management of ship 2) Fire
3) Perils of Sea
4) Act of God 5) Act of War 6) Act or omission
by the shipper or owner of the goods 7) Act of
public enemies
8) Strikes, lock-outs, or labor stoppage 9) Arrest,
restraint or seizure under legal process 10)
Quarantine 11) Riots and other civil disruptions
12) Saving lives or property at sea 13) Loss in
weight or bulk from defect in goods 14)
Insufficiency of packing 15) Insufficiency of
marking 16) Latent defects 17) "Q Clause"- grants
the carrier a general exemption for any damages
that arise from a cause that was not the "actual
fault" of the carrier of those of the agents or
servants of the carrier; *If the loss or damage was
8. COGSA-"Fair Op-
not caused by one of the enumerated exemptions
portunity" to
and is not susceptible to "Q Clause", the per
Raise Value of
package liability limitation applies
Shipment
Carrier must give shipper opportunity to raise per
9. COGSA- Misde- package limitation; Insert provision on bill of
livery of Goods lading: most often, space is provided on the front
10.COGSA- "Freight of the bill of lading for this purpose; shipper will
Forwarder" pay a higher freight to the carrier
3/
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