Shipping Lawyer Cargo Claims and Dispute Resolution 2

Question 1

What is the significance of a 'clean' bill of lading in a cargo dispute?

Accepted Answer

It creates a rebuttable presumption that cargo was received in good condition

Answer

A clean bill of lading — one without clauses noting damage or deficiencies — creates a presumption the goods were shipped in good order and condition.

Question 2

Which clause in a bill of lading requires disputes to be resolved in a specific foreign court?

Accepted Answer

Forum selection clause

Answer

A forum selection clause designates the exclusive jurisdiction for resolving disputes, often a foreign court, and US courts generally enforce them.

Question 3

What is the 'Himalaya clause' in a bill of lading?

Accepted Answer

A clause extending carrier defenses and limitations to servants, agents, and subcontractors

Answer

The Himalaya clause extends COGSA protections — including the $500 package limitation — to stevedores, agents, and other third parties acting for the carrier.

Question 4

Under COGSA, when does the carrier's period of responsibility begin and end?

Accepted Answer

From tackle-to-tackle — when goods are loaded to when they are discharged

Answer

COGSA's tackle-to-tackle rule means the carrier's statutory duties apply only from the time cargo is loaded onto the vessel to discharge from the vessel.

Question 5

What happens to COGSA's package limitation if the shipper provides a fraudulent weight or description of cargo?

Accepted Answer

The carrier may be liable without limitation

Answer

A carrier that relies on a fraudulent or inaccurate cargo description to its detriment may lose the benefit of the COGSA package limitation.

Shipping Lawyer Practice Test

Shipping Lawyer Practice Test

Shipping Lawyer Cargo Claims and Dispute Resolution 2