Under the Carriage of Goods by Sea Act of 1936, a vessel will be liable for damage to cargo when the damage arises from which situation?
• Carriage of Goods by Sea Act (COGSA) of 1936: Know the general idea of when a carrier is responsible vs. when it is exempt from liability • Difference between excepted causes (like acts of war, perils of the sea, navigation errors) and improper care of cargo • What counts as a failure in cargocare/management during the voyage
• Which of these choices sounds like something even a careful, prudent carrier could not reasonably prevent? • Which option most clearly reflects improper handling or care of the cargo itself, rather than an outside danger or navigational decision? • Think about which items are commonly listed as defenses or exceptions for the carrier in cargo claims under COGSA.
• Identify which choices are typical carrier defenses/exceptions under COGSA (things they are usually NOT liable for if they exercised due diligence) • Ask: Does this situation involve direct care of the cargo (loading, stowage, care in transit), or is it more about outside dangers or navigation? • Verify which option can be linked to poor cargocare/management rather than external hazards like war or heavy weather (perils of the sea).
No comments yet
Be the first to share your thoughts!