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Philippine Bar review · Question

Practice question: Under the Carriage of Goods by Sea Act

Multiple Choice Hard

Practice question

A carrier receives delicate cargo under COGSA and stows it carelessly despite available proper stowage. The goods are damaged by that mishandling. The carrier argues that showing seaworthiness at departure exhausts every COGSA duty. Which is correct?
  1. Seaworthiness excuses every later cargo-handling failure
  2. Section 3(2) separately requires proper and careful handling, stowage, carriage and care of goods
  3. A bill of lading transfers all duties to the receiver
  4. Only the captain's surname matters
  5. No cargo-care duty exists once loading starts

Legal references

  • COGSA accepted through CA 65, Sections 3(1)-(2): https://www.chanrobles.com/commonwealthacts/commonwealthactno65.html

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