Answer the Questions:

Your answers should be from the book Colin Barrett "Manager's Guide to Freight Loss and Damage Claims",

Q 316 In transportation law what does the term conversion mean? Page 205

Q 317 Does a carrier have the responsibility to insure the legitimacy of the designed consignee? Page 205

Q318 Is it proper for a carrier to withhold delivery of a shipment because the shipper or consignee has not paid past freight bill obligations? Page 206

Q 319 Can a shipper withhold delivery on a shipment until freight charges are for the shipment? Page 206

Q320 When a consignee refuses a shipment, what must the carrier do? Page 208

Q 321 If a carrier fails to collect C.O.D charges on delivery, is it liable for the uncollected charges? Page 208-209

Q 322 If a shipper notifies a carrier to stop a shipment in transit, aborting delivery to the consignee, and the carrier fails to do so, will the carrier be liable for any momentary damage to the shipper? Page 209

Q 323 If a carrier is guilty of conversion, are limitations of its liability (such as released rate limits) applicable? Page 209-210

Q 324 When shippers offer discounts and allowances to buyers (Consignees) and loss or damage occurs during transit, is the carrier entitled to these discounts or allowances as an offset against the claim? Page 211-212

Q325 Generally, are carriers obligated to pay interest on a claim to the claimant? Page 213

Q 326 Are taxes includable in a claim? Explain. Page 215

Q327 Name two products where taxes would be includable in a loss and damage claim. Page 215

Q 328 Is sales tax includable in a loss and damage claim? Explain Page 216

Q 329 Are claimants entitled to recover freight charges for lost or damaged goods? Page 217

Q 330 Can freight charges be recoverable if only a portion of a shipment is lost or damaged? Page 217

Q 331 Is there any basic rule concerning the recoverability of freight charges? Page 221

Q 332 Are carriers responsible for a claimant's administrative or other costs in preparing their claims? Page 223

Q 333 May claimants recover legal expenses if they successfully sue a carrier over a claim? Page 223-224

Q334 Define special consequential damages. Page 225

Q 335 Must notice be given to the carrier in order to recover special damages? Page 225-226

Q 336 When should this notice, or knowledge of this notice be sent to the carrier? Page 226-228

Q337 Are carriers obligated to accept the shipment when they have been notified that special damages might apply due to loss/damage delay? Page 229

Q338 May carriers accepting such shipments assess excess valuation charges? Page 229

Q 339 If a carrier accepts a shipment and has some reasonable knowledge that the shipment by its nature was susceptible to loss and damage and was not notified by the shipper, would the carrier be liable for special or consequential damages? Page 229-230

Q 340 If a claimant does not timely file a claim for loss damage or delay, does the claimant lose his right to recovery? Page 233

Q 341 What requisite information must be included when filing a claim? Page 234-235

Q 342 What is the most crucial statement that must be included in a claim? Page 235

Q 343 Are tracers, delivery receipts, and damage inspection requests considered legally valid claims? Page 235

Q 344 Can claims be filed on forms other than what a carrier provides? Page 235-237

Q 345 Are claims for uncertain monetary amounts valid? Page 237

Q 346 May a claim be amended if it is later determined the monetary amount is incorrect? Page 238

Q 347 Must a claimant prove ownership or assigned ownership of the goods to recover on a claim? Page 239

Q 348 What document can be used to provide proof of ownership? Page 239

Q 349 What type of evidence is acceptable to back up the value of damage? Page 239

Q 350 Does the carrier have the right to request additional evidence or documentation other than what is required when the claim is filed? Page 239-240

Q 351 If a third-party broker or forwarder is used transportation, can a claim be filed with the "underlying" carrier? Page 240

Q352 If the shipment is transported via joint line service (two or more carriers involved), with which carrier should the claim be filed? Page 241

Q 353 May claim to be filed against the carrier by someone other than the proper claimant? Page 241

Q 354 What is the minimum time period that rail and regulated motor carriers and freight forwarders contractually require for the filing of claims? Page 243

Q 355 What is the time limit for filing claims with brokers and other third-party providers? Page 244

Q 356 What is the time limit for filing damage claims against international air carriers subject to the Warsaw Convention? Page 244

Q 357 Claims for loss via international air carriers subject to the Warsaw Convention must be filed within what time period? Page 244

Q 358 Does the Warsaw Convention permit claimants to institute lawsuits in lieu of filing claims? Page 245

Q 359 Are there any minimum time limits for filing claims against water carriers subject to COGSA? Page 245

Q 360 Can claim filing time be negotiated within contractual agreements? Page 245

Q 361 When is a claim deemed to be filed? Page 246

Q 362 The federal motor carrier safety administration requires carriers to do what, when a claim is received? Page 249-250

Q 363 If a carrier is dilatory about responding to a claim, what resource does a claimant have? Page 250

Q 364 What are the three ways a carrier can "dispose" of a claim? Page 250-251

Q 365 When a carrier declines a claim, how long does the claimant have to file a lawsuit against (1) railroad and federally regulated motor carriers and freight forwarders, (2) domestic airlines, (3) international airlines, and (4) maritime carriers? Page 254-255

Q366 How are time limits determined for filing claims against carriers who are not subject to federal regulation or the various international treaties? Pages 255-256

Q 376 Explain the legal term "venue". Page 256

Q 368 Can a claimant file a claim in small claims court? Page 256

Q 369 Are there any drawbacks to filing claims in small claims court? Page 257

Q 370 At the outset of court litigation, with whom does the burden of proof always rest? Page 262

Q 371 What three things must the claimant (plaintiff prove in order to shift the burden of proof to the carrier (defendant)? Page 262

Q 372 What must the carrier do to successfully defend a claim once the claimant has discharged its burden of proof? Page 262

Q 373 What are the 2 basic ways a carrier may successfully defend a claim? Page 262-263

Q 374 What is a "preponderance of the evidence"? Page 264

Q 375 What is prima facie evidence? Page 265

Q 376 Is the claimant required to prove the carrier negligent? Page 268

Q 377 Is arbitration ever a suitable means to settle a claim? Page 269

Q 378 Are common motor carriers subject to Federal regulation required to carry cargo insurance? Page 273

Q 379 May motor carriers "self-insure" against cargo loss, damage, or delay? Page 273

Q 380 When is a surety bond required? Page 273-274

Q 381 May carriers apply deductibles to their cargo insurance? Page 274

Q 382 What is the practice of "setoff", and is it legal? pages 277-278

Q 383 May a claimant set off an unpaid claim without formally filing a claim against the carrier? Page 278

Q 384 May a claimant set off payments of freight bills if it has legally filed a claim and the carrier has denied payment of the claim? page 279

Q 385 If a carrier uses a claimant for unpaid freight bill charges that the claimant set off against claims, what must the claimant be prepared to prove in court? page 279

Q 386 Is set off a sound approach to collecting all claims without waiting for the carrier to pay the claim or decline it? page 281

Q 387 What must a claimant do to set off freight bills against claims if the carrier has declared bankruptcy? page283

Your answers should be from the book Colin Barrett "Manager's Guide to Freight Loss and Damage Claims",