Question 32 In order to prove the carrier's liability under COGSA in court, the plaintiff must prove that the goods were loaded in a good condition and unloaded in a damaged condition or lost. This is usually done by: a. testimony from the shipper that the goods were in good condition when loaded into the container. b. questioning the captain of the ship as to the condition of the goods C. there is a rebuttable presumption that the goods were damaged when they were unloaded, and the carrier must prove that they were not. d. producing a clean bill of lading as evidence.

Question

Question 32 In order to prove the carrier's liability under COGSA in court, the plaintiff must prove that the goods were loaded in a good condition and unloaded in a damaged condition or lost. This is usually done by: a. testimony from the shipper that the goods were in good condition when loaded into the container. b. questioning the captain of the ship as to the condition of the goods C. there is a rebuttable presumption that the goods were damaged when they were unloaded, and the carrier must prove that they were not. d. producing a clean bill of lading as evidence.

Answer 1

The correct answer is c. there is a rebuttable presumption that the goods were damaged when they were unloaded, and the carrier must prove that they were not.Under the Carriage of Goods by Sea Act (COGSA), the plaintiff must prove that the goods were in good condition when loaded and in a damaged or lost condition when unloaded in order to establish the carrier's liability. This is typically done by demonstrating that there is a rebuttable presumption that the goods were damaged during the carriage, and the carrier must provide evidence to the contrary.

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