Philippine Bar review · Question

Practice question: Under the Carriage of Goods by Sea Act

Multiple Choice Hard

Practice question

A consignee omits the three-day notice for concealed damage but files a supported cargo-damage suit against the sea carrier within one year of delivery. The carrier argues the missing notice is an absolute bar even if the claimant can prove the damage. Which is best?
  1. Missing notice creates the stated prima facie delivery consequence but does not itself prejudice the right to sue within one year
  2. Three-day notice and filing suit are identical requirements
  3. The omitted notice automatically defeats every timely suit
  4. The carrier becomes immune from all law forever
  5. The consignee must abandon the goods

Legal references

  • COGSA accepted through CA 65, Section 3(6): https://www.chanrobles.com/commonwealthacts/commonwealthactno65.html

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