Question
Answer the below Questions: Your answers should be from the book Colin Barrett Manager's Guide to Freight Loss and Damage Claims, Q 196 Do the
Answer the below Questions:
Your answers should be from the book Colin Barrett "Manager's Guide to Freight Loss and Damage Claims",
Q 196 Do the standards for cargo liability of railroad, motor carriers, domestic water carriers, and surface freight forwarders differ in other countries? Page 123
Q 198 What North American Free Trade Agreement (NAFTA) that has done to bolster trade between Canada, the USA, and Mexico? Page 124
Q 199 Are Canadian carriers "virtual insurers" of goods committed to their custody just as are US carriers? Page 124
Q 200 How does the standard for "contributory negligence" of the shipper differ in Canada? Page 124
Q 202 By Canadian law, how does a railroad limit its liability? Page 125
Q 203 In Canadian dollars, what is the limit of liability of Canadian motor carriers? Page 125
Q204 Do shippers to Canada have any means of obtaining liability from Canadian motor carriers? Page 125
Q 209 What laws govern Canadian water carriage? Page 126
Q210 What laws govern Canadian international air service? Page 126
Q 213 If a Canadian private (contract) carrier and shipper do not have a formal agreement, what is the carrier's liability? What laws govern Canadian water carriage? Page 126
Q 216 What is the liability of Mexican carriers in Mexico? Page 127
Q 219 What is the liability regime of the Mexico railroad? Page 127
Q 220 When must claims to be made against the Mexican carrier, and how long did the claimant have to file a lawsuit? Page 127
Q 221 If the claim is against an insurance company, what is the limit for the claimant to file such suits? Page 127
Q 222 Mexico is a party to the Multimodal Transport Convention. What is the limit of liability on an international shipment that does not include a maritime leg? Page 128
Q 224 On international air shipments to Mexico, what law governs carrier liability? Page 128
Q 228 Contract carriage is not considered in Mexican law. What steps should a shipper take to protect his shipment against loss, damage, or delay? Page 131
Q230 Motor carriage within the EEC is governed by what convention? Page 131
Q 234 What is the liability limit on rail service in the EEC and carriers subject to the CIM? Page 132
Q 235 What is the ceiling of liability on the motor carrier in the CMR? Page 132
Q 240 What is the time limit for filing damage claims under CMR and CIM? Page 1132
Q 243 What is the released rates? Page 137
Q 246 Traditionally, what makes a released-rate agreement legally binding? Page 139-142
Q 250 What is a "default" released value? Pages 140-141
Q 251 What benefit must the shipper receive for accepting a released value declaration? Page 141
Q 253 If a shipper's loss or damage is created by a tort, a criminal act, or gross negligence of a carrier, is the declared value rate still effective? What must be proved by the claimant? Page 142-143
Q 256 Page What is an embargo on high-value goods? 144
Q 257 What are inadvertence clauses, and are they enforceable? Page 144-145
Q 261 Does the shipper's acceptance of a bill of landing that refers to traffic in which liability limitations are unilaterally spelled out constitute a reasonable agreement? Page 148
Q 266 Is a trace the same as a claim? Explain Pages 154-155
Q 268 When does the limit begin for filing claims or instituting lawsuits against a carrier? Page 155
Q 269 If a consignee accepts delivery of a shipment "without exception", does this preclude the consignee from presenting a claim after loss or damage is subsequently discovered? Page 157
Q 270 When a shipment is delivered, what steps should be consignee take before and during the receiving process? Page 160
Q 273 Is the consignee required to hold damaged goods for the carrier inspection? Page 163
Q 275 What are the consequences for the carrier if it chooses not to inspect the damaged freight? Page 165
Q 277 If a consignee disagrees with the carrier's inspection report, how would the claim be decided? Page 165
Q 279 What is a "salvage allowance"? Page 169
Q280 Does a carrier have the right to a salvage allowance if it claimant refuses to turn over the damaged goods? Explain. Page 169
Q 283 During the time the damaged goods are in the possession of the carrier for salvage sale, what is the carrier's liability? Page 170
Q 286 What is the measure of damage a carrier is obliged to pay for loss and damage claims? Page 175
Q 287 What is the claimant's obligation when measuring his loss? Page 175
Q 288 What types of losses are not recoverable in a freight loss and damage claim? Page 176
Q 290 What is the most commonly used measure to determine the value of a claim for lost goods? Page 179
Q 292 Are claimants allowed to make a profit on a loss or damage claim? Page 180
Q 293 If the consignee accepts a replacement shipment, which earns the shipper a profit, is the carrier still obliged to pay for the shipper's profit on the first (lost or damaged) shipment? Page 180
Q 294 Are profits that "might have been earned" through the sale of goods if they were not damaged or lost legitimate part of a claim? Page 180
Q300 If a claimant elects not to have damaged goods repaired at the carrier's expense, what are the economic consequences to the consignee's claim? Page 192
Q303 If repairs do not return the damaged goods to their original condition, to what compensation is the claimant entitled? Page 195
Q 304 If it is discovered that a repair enhances the value of the damaged goods, to what is the carrier compensation the claimant entitled? Page 195
Q 310 In delay, what is the salient difference concerning the "act of God" exception? Page 200
Q314 When goods such as fresh farm produce have extremely volatile markets, how is economic loss determined when the shipment is delayed? Page 203
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