The most common issues arising from cargo litigation are introduced in this assignment. The first worthy notation is to distinguish between bills of lading (and common carriage) from charter parties (and private carriage). The Harter Act was the first legislative attempt to regulate cargo liability issues and remains in force, but with limitations. Because the Harter Act was the primary model for COGSA, much of it is still valid.

to do:

    1. Read casebook pages 315-377. Again the cases in this chapter have been extensively edited; they introduce the doctrinal and conceptual framework that controls the carriage of goods by sea. Give particular attention to your understanding of the Harter Act, COGSA, and the package limitation (casebook 350). Be sure to take the time to "squib brief" each case .

    2. In a great deal of cargo litigation cases, the package limitation is the only fight worth pursuing. Many cases settle after the court has ruled on the carrier's motion for partial summary judgment. Briefly explain what is it about the package limitation law that makes this THE GOOD FIGHT?

Answer this question and email your response to jpmcalis@samford.edu:

[Be certain to identify yourself in the email along with the assignment number]

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