Shipping Lawyer Cargo Claims and Liability

Question 1

Under the Carmack Amendment, which type of carrier is primarily regulated for cargo liability?

Accepted Answer

Rail and motor carriers

Answer

Ocean carriers

Answer

Air carriers

Answer

Pipeline carriers

Question 2

What must a cargo claimant prove to establish a prima facie case against an ocean carrier under COGSA?

Accepted Answer

Good order at loading, damaged condition at discharge, and amount of damages

Answer

Carrier negligence, vessel unseaworthiness, and cargo value

Answer

Carrier's failure to declare general average

Answer

Misdescription of cargo on the bill of lading

Question 3

What is 'inherent vice' as a defense to cargo damage claims?

Accepted Answer

A defect or characteristic of the cargo itself that causes deterioration

Answer

The carrier's negligent stowage

Answer

Insufficient packing by the shipper

Answer

Contamination from adjacent cargo

Question 4

What is a 'survey report' and why is it critical in cargo claims?

Accepted Answer

A professional inspection documenting cargo damage used as key evidence in claims

Answer

A port capacity study

Answer

An environmental compliance assessment

Answer

A vessel classification report

Question 5

Under general maritime law, what is 'general average'?

Accepted Answer

A loss intentionally incurred to save the ship and cargo, shared proportionally by all interests

Answer

The average freight rate in the market

Answer

The average cargo damage rate per voyage

Answer

A standard insurance deductible

Question 6

What is a 'non-waiver' agreement in cargo insurance claims?

Accepted Answer

An agreement allowing investigation without waiving coverage defenses

Answer

An agreement extending the claim filing deadline

Answer

A policy endorsement adding cargo coverage

Answer

A subrogation waiver