Exam 6: Legal Issues in International Transportation

The Himalaya Clause governs the liability captains of carriers for damage to goods being transported from one U.S.seaport to another U.S.seaport.

Would the marine carrier be liable in each of the following scenarios applying COGSA? The failure of the ship to unload its cargo on time at the destination port due to a longshoreman's strike. The failure of the ship to unload its cargo on time at the destination port due to a route change necessitated by engine failure occurring after the ship left the port of shipment. A lawsuit by a seller and a buyer against a carrier for damage to goods filed 18 months after their delivery. The failure of the ship to unload its cargo on time at the destination port due to its overloading at the port of shipment. The failure of the ship to unload its cargo on time due to the threat of a terrorist attack at the port of destination. A notice of damaged goods given by a buyer to the carrier 10 days after the buyer's receipt.

Compare and contrast the liability of air carriers and sea carriers.

In order to prove the carrier's liability under COGSA in court,the plaintiff must prove that the goods were loaded in a good condition and unloaded in a damaged condition or lost.This is usually done by:

Pilferage of goods in transit has been greatly reduced by the advent of break-bulk freight.

In the United States,ocean carriers are not liable under the Uniform Commercial Code in amounts in excess of $500 per shipment.

Ocean carriers are liable if cargo is damaged as a result of errors in the navigation of the ship.

COGSA relieves carriers of liability for negligent care and handling of cargo.

Consider the strengths and weaknesses of the proposed Rotterdam Rules.

Ocean carriers are liable for damages resulting from which of the following?

What are the differences and similarities between a freight forwarder and a non-vessel operating common carrier and the relative benefits of using each?

In the history of maritime law,which of the following is one of the most influential and detailed medieval codes from the twelfth century?

Describe how a shipper and the party requesting shipment of goods would frame and address a ship-board fire that destroyed the goods.

The ship Darby O departed the Port of Yokohama,Japan to deliver Toyota parts to Miami,Florida through the Panama Canal.Due civil strife within Panama,the Canal is closed due to armed conflict.The carrier is entitled to claim increased expenses as a result to traveling the long route down South America under the "perils of the sea"?

_____ is the term for goods carried aboard ships,and _____ is the term for the price charged to transport the goods.

Write an insurance policy for air or sea carriage.

Assess whether the Warsaw Convention or COGSA provide greater protection for the one seeking carriage.

After reviewing the sample international air waybill and marine cargo insurance policy in the text,note any problems or issues that may not be adequately addressed in these documents.

A carrier is liable to the buyer of cargo for a shortage if the amount of cargo in the container on arrival is less than that stated in the seller's commercial invoice.

Under admiralty jurisdiction,what criterion is used to determine whether a waterway is "navigable"?