What is the scope of the Carriage of Goods by Sea Act 1991?

The Carriage of Goods by Sea Act 1991 (COGSA) is a law that applies to cargo shipped from a port in one country to a port in another. This law establishes rules and regulations for the shipment of goods, and sets out the rights and responsibilities of the carrier (the company that ships the goods) and the shipper (the customer that owns and is responsible for the goods). COGSA specifies what type of goods are covered, the carrier’s liability for damages, and how disputes between the shipper and carrier should be resolved. Under COGSA, the carrier is liable for loss, damage, or delay of goods up to a specific amount (known as the “currency limitation”), unless the carrier can prove it was not at fault. This amount is set by the United Nations Convention on the Carriage of Goods by Sea and is usually calculated in Special Drawing Rights (SDRs). In Colorado, COGSA applies to the carriage of goods on ships from a port in one country to a port in another. The carrier’s responsibilities are essentially the same, whether the goods are being shipped by air, overland, or by sea, and are subject to the same currency limitation. COGSA also applies in cases of multi-modal transportation, which means goods that are sent by more than one means of transport (e.g., by land and by sea). In addition, COGSA contains provisions that protect shippers’ rights, such as the right to sue the carrier for damages and the right to be fully informed of the carrier’s terms and conditions. These provisions ensure that shippers have the necessary information they need to make informed decisions about their shipments.

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