Shipping Lawyer Cargo Claims and Liability 3

Question 1

What is a 'freight forwarder' and what legal liability do they bear for cargo loss?

Accepted Answer

An agent who arranges transportation and may bear liability as a principal if acting as NVOCC

Answer

A vessel operator who transports cargo

Answer

A customs broker with no cargo liability

Answer

A port agent acting for the vessel

Question 2

What is 'deviation' in maritime law and what is its consequence for the carrier?

Accepted Answer

An unauthorized departure from the agreed voyage route that voids carrier defenses

Answer

Minor course adjustments in bad weather

Answer

Rerouting due to port congestion

Answer

A change in cargo type mid-voyage

Question 3

Under U.S. law, which entity must approve ocean carrier rate agreements between competitors?

Accepted Answer

Federal Maritime Commission (FMC)

Answer

Department of Transportation

Answer

U.S. Coast Guard

Answer

Department of Commerce

Question 4

What is a 'seaworthiness' obligation for carriers under COGSA?

Accepted Answer

The carrier's obligation to exercise due diligence to make the vessel seaworthy before and at the beginning of the voyage

Answer

The carrier's obligation to maintain the vessel in good repair at all times

Answer

The shipper's obligation to pack cargo safely

Answer

The obligation to hire a licensed maritime pilot

Question 5

What is 'on-deck cargo' and how does COGSA treat it?

Accepted Answer

Cargo carried on the ship's deck, which COGSA typically does not protect unless shipper consented

Answer

Cargo stowed in refrigerated containers

Answer

Dangerous goods requiring special stowage

Answer

Bulk cargo in open hatches

Question 6

What legal remedy is a 'maritime lien' for a cargo owner against a vessel?

Accepted Answer

A property right against the vessel that can be enforced by arresting the ship

Answer

A personal judgment against the shipowner

Answer

A customs hold on cargo

Answer

An FMC injunction against the carrier