TRANSPORTATION ISSUES
MINIMIZE CARGO DAMAGE
09/00
Wondering what you can do to minimize
damage to your goods during shipment? Two excellent video tapes have
been put out. One is geared towards ship operators and is entitled
"Container Matters." The one directed to shippers and
preventive measures available for use in the stowage of their containers
is called "If you think any fool can stuff a container, think
again!" Both can be ordered from www.ukpandi.com <http://www.ukpandi.com/>
at US$50 each.
DO SWITCHED GOODS LEAD TO CARRIER
LIABILITY?
09/00
In a case more common than most would
wish to acknowledge, goods were substituted at time of stowage. The
shipment was delivered seals in tact. Upon being opened, it was
discovered that the 14 containers were stuffed with cement blocks
instead of video tape holders. The seller had long since been paid
through a letter of credit and disappeared, so the buyer sued the ocean
consolidators and lost before the lower court. The trial judge found the
bills of lading were not evidence of the contents of the containers.
There is a line of cases arising in the shortage context which holds
that where there is a weight variance, the fact that the goods being
delivered weighed less might put the carrier on notice of a shortage.
Such circumstances did not exist here. The shipment arrived seals in
tact. The court found there was no way for the carrier to know about the
substitution of goods from an external examination of the containers.
While there was a slight weight variance, the court found it was not
enough to put the consolidators on notice that goods were substituted.
The shipper failed to put on proof regarding what the weight should have
been. There was also the question of whether prompt notice of the claim
was given as several containers remained unopened until weeks after
delivery. Hence, the consolidators had no liability.
UP CLAIMS SUBJECT TO STB
12/97
One grain company recently sought a court order that Union Pacific
Railroad be required to deliver 500 rail cars as promised. The court dismissed
the case finding the matter had to be brought before the Surface Transportation
Board. Will other claims against UP over their recent service problems reach the
same result?
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