Under the Carriage of Goods by Sea Act of 1936, a vessel will be liable for damage to a cargo when the damage arises out of which event?
• Carriage of Goods by Sea Act (COGSA) 1936 – list of carrier exemptions from liability • Difference between excepted perils (events where carrier is generally not liable) and carrier fault (where liability usually applies) • Carrier’s duty for proper care, handling, and stowage of cargo
• Look at each choice and ask: Is this something usually outside the carrier’s control and listed as an exception, or is it something that results from the carrier’s own failure in caring for the cargo? • Under COGSA, in what situation does the law specifically REMOVE the normal protection from the carrier (so the carrier can be held liable)? • Which of these events is most clearly connected with how the cargo is physically handled or cared for on board?
• Identify which options are typically excepted perils under COGSA (e.g., acts of war, public enemies, restraint of princes, strikes, fire not caused by carrier’s fault). • Check which option clearly involves improper performance of the carrier’s duties toward the cargo rather than an outside event. • Ask: In which option would the carrier have had direct control or responsibility over the condition that caused the damage?
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