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

The Carriage of Goods by Sea Act 1991 (COGSA 1991) applies to contracts between shippers and ocean carriers for the transport of goods on the high seas. The scope of the law includes contracts for coastal voyages that start and end in the United States. Essentially, the law outlines the rights and responsibilities of the hired carrier while transporting goods on the high seas. COGSA 1991 provides language related to the proof of delivery, holds the carrier responsible for the delivery of goods in the same condition as when the contract was entered, and outlines disputes between the shipper or receiver and the carrier. The law also provides for a limitation of the carrier’s liability for damages. The limitation is based on the amount of the freight rate for the particular voyage. The law outlines the duties of the carrier with respect to the loading, stowage, care and discharge of the goods, and places the obligation of providing seaworthy vessels and competent crews on the carrier. In addition, it addresses the issue of delay or loss of goods by the carrier. COGSA 1991 also establishes the rights of shippers and receivers and the duties of carriers with respect to the transport of hazardous materials and goods. It also outlines the remedies available in the event of a breach of contract by either the carrier or the shipper. Overall, the COGSA 1991 is an important law in the area of maritime law, and has served as a guide for the rights and responsibilities of carriers and shippers within the United States. The law has enabled smooth and safe trade on the high seas, and ensured that goods are delivered in a timely and safe manner.

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