Cargo Liability and the Carriage of Goods by Sea Act (COGSA): Oversight Hearing Before the Subcommittee on Merchant Marine of the Committee on Merchant Marine and Fisheries, House of Representatives, One Hundred Second Congress, Second Session, on Examination of the Current Law Governing Cargo Liability in the United States as Well as the More Recent International Treaties, June 24, 1992 |
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Common terms and phrases
actual carrier adopted apply bill of lading cargo insurance cargo interests cargo liability cargo owners caused claimant claims clause COGSA consignee consignor container containerization contract of carriage contracting parties costs countries court damage or delay defense delay in delivery entry into force franc Poincaré freight governing Hague Rules Hague-Visby Rules Hague/Visby Hamburg Rules Harter Act ICC Rules increase international conventions International Trade issue J.Exh jurisdiction liability limits liability regime limits of liability litigation loss or damage Merchant Marine MT Convention MT document multimodal transport contract national law nautical fault negligence negotiable ocean carrier package limitation Paragraph period port provides ratification reason responsibility result risks Sea Act seaworthy servants or agents ship shipowner shipper Special Drawing Right stevedores Tecomar terminal operator tion Transport Convention transport documents TUXPAN U.S. Delegation UNCITRAL uniformity United Nations vessel Visby Amendments Visby Protocol Warsaw Convention
Popular passages
Page 376 - Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding 100/. per package or unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading.
Page 189 - Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
Page 132 - The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to (a) Make the ship seaworthy.
Page 132 - Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation...
Page 194 - ... the carrier or the ship for the loss or damage to, or in connection with, the custody and care and handling of goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea. ARTICLE...
Page 250 - Rules. 4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.
Page 240 - ... article of transport are deemed packages or shipping units. Except as aforesaid the goods in such article of transport are deemed one shipping unit. (b) In cases where the article of transport itself has been lost or damaged, that article of transport, if not owned or otherwise supplied by the carrier, is considered one separate shipping unit.
Page 295 - NOTICE OF LOSS, DAMAGE OR DELAY 1. Unless notice of loss or damage, specifying the general nature of such loss or damage, is given in writing by the consignee to the...
Page 234 - Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from— (a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship...
Page 297 - Fund is to be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of a national currency in terms of the Special Drawing Right of a Contracting State which is not a member of the International Monetary Fund is to be calculated in a manner determined by that State.