Admiralty I Outline

Admiralty I Outline - Admiralty I Outline Force Fall 2006...

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Admiralty I Outline Force – Fall 2006 CARRIAGE OF GOODS The Harter Act (1893): Legislative enactment of SC’s policy that carrier cannot entirely contract out of liability for negligence. Harter had three main points: 1) Prohibits carrier from inserting exculpatory clauses 2) Provides defenses for carrier who exercises due diligence 3) Requires carrier to issue bill of lading Time of Coverage: Harter Act covers from time goods are received until time goods are delivered. “Time delivered” is a term of art – it is enough that the goods have arrived in port and that the consignee has had a reasonable time to collect them. To deliver, carrier must (1) deliver to party with bill of lading, OR (2) discharge onto fit wharf, segregated by bill of lading, accessible to consignee, and must notify the consignee and provide reasonable time, OR (3) turn over to customary authorities. Scope of Coverage: Harter, as written, applied to any voyage involving the US (whether to foreign port or between domestic port). It is later overruled by COGSA for foreign shipping, and most carriers begin incorporating COGSA by contract into domestic shipments because Harter has no limitation of liability. §190: No clause in bill of lading to relieve from liability for negligence. “It shall not be lawful for the manager, agent, master, or owner of any vessels transporting merchandise from or between the ports of the US and foreign ports (either direction) to insert into any bill of lading or shipping document any clause, covenant, or agreement whereby it shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery ... such clauses shall be null and void.” §191: Voids clause relieving owner from due diligence towards seaworthy and cargo. “It shall not be lawful for any vessel transporting merchandise or property from or between ports of the US and foreign ports, her owner, master, agent, or manager, to insert in any bill of lading or shipping document any covenant or agreement whereby the obligations of the owner to exercise due diligence to property equip, man, provision, and outfit said vessel , and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for an properly deliver same , shall in any wise be lessened , weakened, or avoided.” §192: If due diligence done, owner has list of defenses including: “faults or errors in navigation or in the management of the vessel, dangers of the sea or other navigable waters, acts of God or public enemies, or inherent defect or quality of the thing carried, insufficient packaging, seizure under legal process, act or omission of the shipper or owner of the goods, or from saving a life or deviating to save a life.” §193: Owner’s duty to issue bill of lading; prima facie evidence of receipt of goods stated. “It shall be the duty of the owner, master, or agent of any vessel.
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Admiralty I Outline - Admiralty I Outline Force Fall 2006...

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