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

The Carriage of Goods by Sea Act 1991 (COGSA) sets out the responsibilities and liabilities of shipowners and shippers in the maritime industry when it comes to carriage of goods by sea. The act applies to almost all shipments of goods from one port to another in the U.S., and is generally enforced in Tennessee as well. Generally under COGSA, a shipowner is responsible for any loss or damages to goods during the shipping process. The shipper, or the party responsible for shipping the goods, is also responsible for any damages or losses, as well as the duties associated with sending goods. COGSA holds all parties involved in the shipment responsible for documenting the condition of the goods before shipment, and for promptly responding to any complaints regarding the quality or condition of the goods. In the event of a dispute regarding the condition of the goods upon arrival, the burden of proof is generally on the shipper and/or shipowner to demonstrate that the damages occurred prior to shipment. COGSA also ensures that the shipper and/or shipowner can be held liable for any damages caused by their negligence while carrying out their duties. Finally, COGSA sets out a statute of limitations, which states that any claims relating to goods must be made within two years of delivery of the goods. This helps ensure that disputes about goods are quickly resolved, and that losses are minimized.

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

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