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Exam 6: The Carriage of Goods and the Liability of Air and Sea Carriers

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Question 31

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COGSA governs the liability of ocean carriers for damage to goods while the goods are held in storage warehouses at the seaport.

A) True
B) False

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Question 32

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Weigh the merits and shortcomings of the Montreal Convention.

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The Montreal Convention, also known as t...

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Question 33

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What was the holding in El Al Israel Airlines v.Tseng?

Rewrite an insurance policy for carriage into a plain language policy.

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.

In order to recover for a general average claim,the claimant must prove that the ship was in imminent danger.

Himalaya Clauses in bills of lading:

In the context of shipping goods,the bailor is the shipper who places goods in the hands of a common carrier,the bailee,for transport to a consignee.

Draft an air waybill or consignment note for inland carriage.

Ocean carriers are liable if cargo is damaged as a result of the ship being taken over by pirates.

The law of general average is found in the Hague Rules.

If goods are sacrificed in the process of saving a ship from a substantial common danger,the owners of the goods are said to have incurred a particular average loss.

Today,COGSA allows ocean carriers to put clauses in their bills of lading exonerating them from liability.

A clean bill of lading establishes a rebuttable presumption that the goods delivered to an ocean carrier were in good condition.

Write an insurance policy for air or sea carriage.

Carriers can relieve themselves for liability for shortages to cargo by inserting provisions in their bills of lading that the amount of cargo loaded at the port of shipment was the "shippers load,stuff and count."

The U.S.law that governs the liability of an ocean carrier for transporting goods from one U.S.port to a foreign port is the:

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.

The three types of losses generally covered by marine insurance policies include all but which of the following:

A provision in a bill of lading that extends the protection of the Hague Rules to stevedores is known as a Himalaya Clause.