BUSINESSLAW CHAPTER 22 - FEBRUARY 2009 BUSINESS LAW CHAPTER...

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FEBRUARY 2009 BUSINESS LAW CHAPTER 22 DEBRA BARONE ANSWERS TO QUESTIONS AND CASE PROBLEMS 1. The common carrier is absolutely liable for the loss of freight unless it can prove that the loss was caused solely by an Act of God, an act of a public enemy, an act of a public authority, an act of the shipper or the inherent nature of the goods. 2. It seems that the carrier would be liable as it let the vaccine sit for two days in an unheated trailer. This was a poor business judgment on their part. Possibly, if the vaccine containers were marked clearly, this may not have happened. The court that Cyanamid was bound by the release value clause in the bill of lading, which was Cyanamid’s own form and which directly governed liability by the carrier when it breached the contract by not delivering the goods as agreed. Cyanamid was entitled to only $2,079. 3. The liens of carriers, warehouses and hotels are specific in that they do not extend to other property of the debtor. The liens of the warehouse and the carrier are for services related to goods; the lien of the hotel is to collect from the
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BUSINESSLAW CHAPTER 22 - FEBRUARY 2009 BUSINESS LAW CHAPTER...

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