CARRIAGE OF GOODS BY SEA ACT AS AMENDED

Case Overview and Summary

Summary of the Carriage of Goods by Sea Act:

Definitions and Coverage
- Defines key terms like "carrier", "contract of carriage", "goods", "ship", and "carriage of goods". (Section 1)
- Applies to contracts for carriage of goods by sea to or from ports of the United States in foreign trade. (Section 13)

Responsibilities and Liabilities
- Carrier must exercise due diligence to make the ship seaworthy, properly man and equip the ship, and make holds fit for cargo. (Section 3(1))
- Carrier must properly load, handle, stow, carry, keep, care for, and discharge the goods. (Section 3(2))
- Carrier must issue a bill of lading showing marks, number of packages, quantity/weight, and apparent order and condition of goods. (Section 3(3))
- Bill of lading is prima facie evidence of receipt of goods as described. (Section 3(4))
- Shipper must indemnify carrier for inaccuracies in marks, number, quantity, and weight. (Section 3(5))
- Notice of loss or damage must be given in writing before or at time of delivery, or within 3 days if not apparent. (Section 3(6))
- Suit must be brought within 1 year after delivery or when goods should have been delivered. (Section 3(6))

Rights and Immunities
- Carrier and ship not liable for loss or damage due to unseaworthiness unless caused by lack of due diligence. (Section 4(1))
- Carrier and ship not responsible for loss or damage arising from various exceptions like act of God, war, strikes, inherent defect of goods, etc. (Section 4(2))
- Shipper not responsible for loss or damage without shipper's fault. (Section 4(3))
- Reasonable deviations to save life or property are allowed. (Section 4(4))
- Liability limited to $600 per package or customary freight unit, unless value declared. (Section 4(5))
- Carrier can land or destroy dangerous goods without compensation. (Section 4(6))

Special Conditions
- Carrier and shipper can agree to special terms for particular goods, if no bill of lading is issued. (Section 6)
- Agreements can be made regarding liability before loading and after discharge. (Section 7)
- Act does not affect carrier's rights under other laws like Shipping Act 1916. (Section 8)

Other Provisions
- Prohibits discrimination between shippers regarding bills of lading. (Section 9)
- Amends Interstate Commerce Act regarding bills of lading for carriage by sea. (Section 10)
- Provisions regarding weight ascertained by third party. (Section 11)
- Act does not supersede other laws regarding duties before loading and after discharge. (Section 12)
- President can suspend provisions if foreign commerce is prejudiced. (Section 14)
- Act takes effect 90 days after approval, with exceptions for existing contracts. (Section 15)