The author discusses the key differences between the Carriage of Goods by Sea Act (“COGSA”), which defines the basic relationship between ocean carrier and cargo owner, and the Harter Act, which governs certain transactions that COGSA does not.
The Carriage of Goods by Sea Act (“COGSA”) defines the basic relationship—duties, liabilities, rights, and immunities—between ocean carrier and cargo owner. COGSA was passed in the United States in 1936 and its enactment was the result of various concerns by Congress. In the early nineteenth century, carriers were strictly liable for cargo damage, with only few limited exceptions to liability for an act of God, public enemies, and inherent vices. By the second half of the nineteenth century, carriers began issuing bills of lading containing exculpatory clauses that sought to reduce or eliminate a carrier’s liability altogether.
Originally published in the April 2022 edition of Pratt’s Energy Law Report (Volume 22, Number 4).
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