Please respond to the following prompts. You will find all the materials you need in chapter 5 of the textbook. Please clearly
identify each of your answers. Remember to make several meaningful responses to the posts of your classmates. See the
syllabus for guidelines.
1.) How is a Air Waybill different from a Bill of Lading?
2.) Please answer the 3 Case Question for the case of J. Gerber & Co, v. S.S. Sabine Howaldt. This case and the questions
are found on pages 165166
of the textbook.
2.1) What is a âperil of the sea?â Why do you think maritime law relieves a carrier from liability for damages resulting from a
peril of the sea?
2.2) Describe the sea and weather conditions here and explain whether they amounted to an exculpatory peril of the sea.
2.3) If an insurance company pays a claimant for goods damaged during ocean transit, may the insurance company bring
the action against the carrier under COGSA?
3. Please answer Case Problem #4 found on page 179.
Fishman shipped a container of boysâ pants on a ship owned by Tropical. The container was lost at sea due to improper
storage. The pants were packed into bundles of 12 each and placed into what is known in the industry as a âbig pack.â A
âbig packâ is similar to a 4â Ã 4â pallet, partially enclosed in corrugated cardboard, with a base and cover made of plastic.
The bill of lading stated, â1 Ã 40 ft. [container] STC [said to contain] 39 Big Pack Containing 27,908 units boyâs pants.â
Fishman maintains that Tropical is liable for an amount up to $500 for each of the 2,325 bundles. If the carrier is liable for
up to $500 per âpackage,â what is the limit of the carrierâs liability? Fishman & Tobin, Inc. v. Tropical Shipping & Const. Co.,
Ltd., 240 F.3d 956 (11th Cir. 2001).
link for e book is: https://bookshelf.vitalsource.com/books/9781305143012/pageid/157
Aside from this I also need a quick 23
sentences response to the discussion below
1. An Air Waybill is different from a Bill of Lading in that it is issued by air carrier on receipt of goods after completion of
export customs formalities of the country, not by sea carrier on receipt of cargo from the shipper. Air Waybills are not
documents of title and are nonnegotiable.
2. A) A “peril of the sea” is an accidental or unforeseen action of the sea/weather that is strong enough to toss around a
seaworthy ship or disrupt a skilled sea crew. Maritime Law relieves the carrier of liability of damages from perils of the sea
because Acts of God or natural juggernauts are out of everybody’s hands.
B) The sea and weather conditions described in this case were: that the violent, hurricanelike
winds had reached 63 knots
and there were turbulent cross seas. And because the chief officer in Wilmington had inspected the ship, and all it’s seals,
doors, latches, hatches, and gaskets, and all checked out good, and all before any alterations on the ship were done, it was
C) As long as there is a clean Bill of Lading, the crew’s ship was competent, there weren’t any navigational errors, and the
ship was seaworthy/fit to sail, the insurance company can not bring action against the carrier under COGSA.
3. Apparently a common problem was defining the term “package.” The number of pallets equals the number of packages,
according to most courts. So in this case, under COGSA, Tropical is liable for $19,500 because the B.O.L stated 39 “big
packs.” The alternative could’ve been the entire ship being considered one big package, and 500 bucks the only liability
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