Ship Lawyer Maritime Law Fundamentals 2 — Questions and Answers
Question 1: Under the COGSA (Carriage of Goods by Sea Act), what is the default liability limit per package for cargo loss or damage?
- $500 per package (Correct answer)
- $1,000 per package
- $2,500 per package
- $250 per package
Correct answer: $500 per package
COGSA limits a carrier's liability to $500 per package or customary freight unit unless a higher value is declared by the shipper.
Question 2: Which maritime law doctrine holds that a shipowner is strictly liable for unseaworthiness that causes injury to a seaman?
- Unseaworthiness doctrine (Correct answer)
- Respondeat superior
- Negligence per se
- Assumption of risk
Correct answer: Unseaworthiness doctrine
The unseaworthiness doctrine imposes strict liability on shipowners when an unseaworthy condition of the vessel causes a seaman's injury.
Question 3: What is the statute of limitations for filing a personal injury claim under the general maritime law?
- 3 years (Correct answer)
- 1 year
- 2 years
- 5 years
Correct answer: 3 years
General maritime law provides a three-year statute of limitations for personal injury claims, though specific statutes like the Jones Act have their own periods.
Question 4: Which federal statute governs the priority of maritime liens when multiple creditors compete for proceeds from a vessel sale?
- Commercial Instruments and Maritime Liens Act (CIMLA) (Correct answer)
- Carriage of Goods by Sea Act
- Longshore and Harbor Workers' Compensation Act
- Merchant Marine Act
Correct answer: Commercial Instruments and Maritime Liens Act (CIMLA)
CIMLA (46 U.S.C. §§ 31301–31343) establishes the priority order of maritime liens and regulates ship mortgages.
Question 5: Under maritime law, what does the term 'privity or knowledge' refer to in the context of the Limitation of Liability Act?
- The shipowner's awareness of or participation in the negligent act (Correct answer)
- A contract clause limiting damages
- The captain's log entries
- Insurance policy exclusions
Correct answer: The shipowner's awareness of or participation in the negligent act
Under the Limitation of Liability Act, a shipowner cannot limit liability if the casualty occurred with the owner's privity or knowledge of the negligent condition.
Question 6: What is the legal term for the right of a cargo owner to abandon damaged goods to the carrier and claim total loss?
- Abandonment (Correct answer)
- General Average
- Particular Average
- Salvage
Correct answer: Abandonment
Abandonment in marine insurance allows a cargo owner to treat a partial loss as a constructive total loss and abandon the goods to the insurer.
Ship Lawyer Maritime Law Fundamentals 2
Under the COGSA (Carriage of Goods by Sea Act), what is the default liability limit per package for cargo loss or damage?