CARRIAGE OF GOODS BY SEA ACT

CARRIAGE OF GOODS BY SEA ACT

Carriage of Goods by Sea Act. Maritime law. A 1936 federal statute regulating a carrier’s liability for the loss or damage, and sometimes the delay, of ocean cargo shipped under a bill of lading. 46 USCA ¡ì¡ì 1300¨C1315. ? The Act defines many of the rights and responsibilities of both the issuers and the holders of ocean bills of lading. ¡ª Abbr. COGSA. [Cases: Shipping 103. C.J.S. Shipping ¡ì¡ì 232¨C242.]

¡°The Carriage of Goods by Sea Act (COGSA), the domestic enactment of the international convention popularly known as the Hague Rules, allocates the risk of loss for cargo damage that occurs during ocean transportation to or from the United States under contracts evidenced by bills of lading and similar documents of title. It is the central statute in commercial admiralty, governing over $200 billion worth of American foreign commerce annually. The other major maritime countries of the world have also adopted the Hague Rules to govern their international ocean commerce.¡± Michael F. Sturley, The Fair Opportunity Requirement Under COGSA Section 4(5): A Case Study in the Misinterpretation of the Carriage of Goods by Sea Act, 19 J. Mar. L. & Com. 1, 1¨C2 (1988).


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