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COGSA
COGSA
Arias
1 October 2010
Background of the
COGSA
TIMELINE:
April 16, 1936
Public Act No. 521 aka COGSA was approved by the 74th US Congress
1936-1950
COGSA governed contracts of carriage of goods by sea from the US to
Philippine ports.
(c) "goods" includes goods, wares, merchandise, and articles of every kind
whatsoever, except live animals and cargo which by the contract of carriage
is stated as being carried on deck and is so carried.
(d) "ship" means any vessel used for the carriage of goods by sea.
(e) "carriage of goods" covers the period from the time when the goods
definitiare loaded on to the time when they are discharged from the ship.
RISKS (Sec. 2)
General Rule is that
under every contract of carriage of goods by
sea, the carrier in relation to the loading,
handling, stowage, carriage, custody, care and
discharge of such goods, shall be subject to
the responsibilities and liabilities in Section 3
and entitled to the rights and immunities in
Section 4.
SPECIAL CONDITIONS
(Sec. 6)
Exception is that
a carrier, master or agent of the carrier and a
shipper may enter into any agreement in any terms
as to:
(c) The apparent order and condition of the goods: Provided, That no
carrier, master, or agent of the carrier, shall be bound to state or show in
the bill of lading any marks, number, quantity, or weight which he has
reasonable ground for suspecting not accurately to represent the goods
actually received, or which he has had no reasonable means of checking.
BILL OF LADING
RESPONSIBILITIES & LIABILITIES (Sec. 3)
(4) Such a bill of lading shall be prima facie evidence
of the receipt by the carrier of the goods as therein
described in accordance with paragraphs (3) (a), (b),
and (c) of this section.
Flag of nationality
Shippers name
By agreement between the carrier, master, or agent of the carrier, and the shipper
another maximum amount than that mentioned in this paragraph may be fixed:
Provided, That such maximum shall not be less than the figure above named. In no
event shall the carrier be liable for more than the amount of damage actually
sustained.
Neither the carrier nor the ship shall be responsible in any event for loss or damage to
or in connection with the transportation of the goods if the nature or value thereof
has been knowingly and fraudulently misstated by the shipper in the bill of lading.
BILL OF LADING
RESPONSIBILITIES & LIABILITIES (Sec. 3)
(8) Any clause, covenant, or agreement in a
contract of carriage relieving the carrier or the
ship from liability for loss or damage to or in
connection with the goods, arising from
negligence, fault, or failure in the duties
and obligations provided in this section, or
lessening such liability otherwise than as
provided in this Act, shall be null and void and
of no effect. A benefit of insurance in favor of
the carrier, or similar clause, shall be deemed
to be a clause relieving the carrier from liability.
LIMITATION OF LIABILITY
RIGHT AND IMMUNITIES (Sec. 4)
What do you mean by Package?
How to Compute:
Exclude the first day, include the last day.
Ex. The ship left the port on Sept. 30, 2010. The
prescriptive period commenced to run on Oct.
1, 2010 and expired on Sept. 30, 2011.
PERIOD OF PRESCRIPTION
RESPONSIBILITIES & LIABILITIES (Sec. 3)
What do we mean by DELIVERY?
- delivery to the arrastre operator and NOT to the consignee.
It does not include a situation where there was indeed delivery but
delivery was to the wrong person, or a misdelivery. Non-delivery
should be distinguished from misdelivery. (Ang vs American
Steamship Agencies, Inc., 19 SCRA 123)
PERIOD OF PRESCRIPTION
RESPONSIBILITIES & LIABILITIES (Sec. 3)
What is MISDELIVERY or CONVERSION of goods
- delivery to the wrong person
HELD/RATIO:
NO. In order to determine the applicable period of prescription, the court
must determine whether there has been loss or damage. It was admitted
by both parties that no damage was made to the articles. Whether there
was loss as stated in COGSA must be read in relation to the Civil Code,
Article 1189.
The action commenced by the plaintiff in the MTC of Manila, on April 27,
1960, was dismissed on June 13, 1960, or over twenty (20) days after the
expiration of the period of one (1) year, beginning from May 21, 1959,
within which plaintiffs action could be brought, pursuant to CA 65, in
relation to the COGSA. Under said section 49nof Act No. 190, the period
within which plaintiff could initiate the present case was renewed,
therefore, for another year, beginning from June 24, 1960.
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