CH. 6 Transport of Goods

Question 1

tackle to tackle

Answer 1

COGSA applies to shipments only from the time the goods are actually loaded onto the ship, until time goods are unloaded from the ship.

Question 2

a clause expanding the protections of COGSA over “downstream” parties such as subcontractors to limit not only the carrier’s liability during transport, but theirs as well.

Answer 2

Himalaya clause

Question 3

Length of time to notify the carrier of damage

• visible damage
• not visible damage

Answer 3

visible damage-at the port of discharge or before goods are taken from carrier
not visible damage-within 3 days after taking goods from the carrier.

Question 4

Under the Statute of Limitations how much time is allowed to bring action against the carrier ?

Answer 4

1 year after taking possession of goods from the carrier.

Question 5

when is the liability limited to $500.00?

Answer 5

if the carrier issued a Bill of Lading

Question 6

when is the carrier liable for the full amount of losses?

give 3 reasons why

Answer 6

when they damage the goods and have not issued a Bill of Lading

• material deviation
• lack of due diligence
• no fair value to raise value above per package limitation

Question 7

The Carrier shall in no case be responsible for loss of or damage to cargo arising prior to loading, after discharging, or while the cargo is in the charge of another carrier, or with respect to deck cargo and live animals.”

Answer 7

clause paramount

Question 8

grants the carrier a general exemption for any damages that arise from a clause that was not the “actual fault” of the carrier or those of the agents or servants of the carrier.

Answer 8

Q clause

Question 9

the option allowing the shipper to raise their value of per package limitation in order to buffer against uncertainties. As a result the shipper will pay a higher freight rate to carrier.

Answer 9

fair opportunity

Question 10

a fortuitous action of the sea or weather of sufficient force to overcome the strength of a seaworthy ship or the diligence and skill of a seaworthy crew.

Answer 10

peril of the sea

Question 11

act as agents for shippers in contracting in air, land, or sea carriers for the transportation of goods to a place of destination.

Answer 11

freight forwarders

Question 12

a container is NOT a package

Answer 12

unless the B.O.L. specifically states it

Question 13

what does the word “average” mean in marine law?

Answer 13

loss

Question 14

a loss that results when extraordinary expenses or losses are incurred in saving the vessel or its cargo from danger at sea.

Answer 14

general average

Question 15

damage that results in only partial loss of the value of the insured cargo

Answer 15

particular average loss

Question 16

coverage up to the max policy amount, for damage that completely destroys the value of all or part of the insured cargo

Answer 16

“total” loss

Question 17

All fortuitous risks to cargo during an ocean voyage are covered, excluding those that are specifically listed as exceptions to the policy.

Answer 17

“all risk”