Shipping Lawyer Cargo Claims and Liability 1

Question 1

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

Accepted Answer

Rail and motor carriers

Answer

The Carmack Amendment governs the liability of rail and motor carriers (surface transportation) for loss or damage to cargo in interstate commerce.

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

A cargo claimant establishes a prima facie case by showing the goods were in good order when received, were damaged upon delivery, and the amount of loss.

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

Inherent vice is a natural quality or defect of the cargo that causes it to deteriorate without any external cause, exempting the carrier from liability.

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 survey report is a professional assessment of cargo damage, documenting condition, likely cause, and extent of loss, forming the evidentiary backbone of cargo claims.

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

General average requires all parties (ship and cargo interests) to proportionally share losses resulting from a voluntary sacrifice made to save the common venture.

Shipping Lawyer Practice Test

Shipping Lawyer Practice Test

Shipping Lawyer Cargo Claims and Liability 1