What is the law concerning the carriage of goods by sea?
Under South Carolina law, the carriage of goods by sea is subject to federal regulations known as the Carriage of Goods by Sea Act (COGSA). The purpose of the COGSA is to protect the interests of shippers and to make clear the respective rights and liabilities of shippers and carriers. COGSA regulates the terms of contracts of carriage by sea, such as parties responsibilities, conditions of delivery, loading and unloading procedures, and time limits. It also establishes the rights and liabilities of shippers and carriers in the event of loss or damage of goods. Generally, carriers are liable for loss or damage of cargo in certain circumstances, such as if the loss or damage resulted from negligence on the part of the carrier. Additionally, COGSA requires carriers to provide shippers with a document called a Bill of Lading, which serves as a receipt for goods shipped. The Bill of Lading serves multiple purposes, such as creating a legal record of the shipment and terms of the contract, as well as serving as evidence of title to the goods. Furthermore, it outlines the shipper’s and carrier’s rights and liabilities in the event of loss or damage of the cargo. In considering all of these regulations, it is essential for shippers and carriers to have a thorough understanding of the laws and regulations governing the carriage of goods by sea. This is even more important in South Carolina, as failure to comply with COGSA may result in civil liability.
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