Would the marine carrier be liable in each of the following scenarios applying COGSA? The failure of the ship to unload its cargo on time at the destination port due to a longshoreman's strike. The failure of the ship to unload its cargo on time at the

Question

destination port due to a route change necessitated by engine failure occurring after the ship left the port of shipment. A lawsuit by a seller and a buyer against a carrier for damage to goods filed 18 months after their delivery. The failure of the ship to unload its cargo on time at the destination port due to its overloading at the port of shipment. The failure of the ship to unload its cargo on time due to the threat of a terrorist attack at the port of destination. A notice of damaged goods given by a buyer to the carrier 10 days after the buyer's receipt.

Answer 1

The marine carrier is not liable in the first scenario as COGSA provides that a carrier is relieved of liability if the shipper's loss is due to labor disturbances. The marine carrier also is not liable in the second scenario as a carrier may deviate from customary or shipping routes in the case of mechanical failure. An alternative good for exculpating the carrier was that the ship was seaworthy when it left port. The marine carrier is not liable in the third scenario as the seller and the buyer must file a lawsuit against a carrier for damage to goods within 1 year of their delivery. The marine carrier is liable in the fourth scenario as the ship was not properly equipped for the reception, carriage and preservation of the goods. The marine carrier is not liable in the fifth and sixth scenarios. In the fifth scenario, the marine carrier is not liable as the shipper's loss was due to the act of public enemies such as terrorists. In the sixth scenario, the buyer failed to give notice of damage to the goods within 3 days of receipt.