Ship Lawyer Cargo Claims and Liability

Question 1

Under the US Carriage of Goods by Sea Act (COGSA), what is the maximum carrier liability per package for cargo loss or damage when no higher value is declared?

Accepted Answer

$500 per package

Answer

$250 per package

Answer

$1,000 per package

Answer

$2,500 per package

Question 2

What is the statute of limitations for filing a cargo damage lawsuit against a carrier under COGSA?

Accepted Answer

1 year from delivery

Answer

6 months from delivery

Answer

2 years from delivery

Answer

3 years from delivery

Question 3

Which document serves as the primary evidence of the contract of carriage, receipt of goods, and in negotiable form, title to the cargo?

Accepted Answer

Bill of lading

Answer

Charter party

Answer

Cargo manifest

Answer

Freight invoice

Question 4

Under the US Fire Statute (46 U.S.C. § 30504), under what circumstance is a carrier liable for cargo damage caused by fire aboard the vessel?

Accepted Answer

Only when the fire was caused by the carrier's own design or neglect

Answer

Whenever fire results in any cargo damage

Answer

Never, because fire is always an act of God

Answer

Only when the fire originates in the cargo hold

Question 5

What does the term 'inherent vice' mean as a carrier defense in a cargo damage claim?

Accepted Answer

A natural characteristic of the cargo that causes it to deteriorate without any external cause

Answer

A manufacturing defect in the ship's cargo-handling equipment

Answer

A hidden contractual defect in the bill of lading terms

Answer

A breach of the carrier's duty to properly stow the cargo

Question 6

To establish a prima facie case for cargo damage under COGSA, what must the claimant demonstrate?

Accepted Answer

That the cargo was delivered to the carrier in good condition and arrived at destination in damaged condition

Answer

That the carrier was negligent in stowing or handling the cargo

Answer

That the cargo exceeded the weight limits specified in the bill of lading

Answer

That the carrier violated the seaworthiness warranty throughout the voyage

Question 7

What is a 'clean bill of lading' in ocean cargo shipping?

Accepted Answer

A bill of lading issued without any notations indicating damage, shortage, or defects in the cargo received

Answer

A bill of lading that has been cleared by customs authorities at the port of loading

Answer

A bill of lading covering hazardous materials that have been properly declared and approved

Answer

A digitally authenticated and encrypted electronic bill of lading