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Case #1 Victoria v Emery's Warehouse In February 1984, Lassen agreed to ship a cargo of a pharmaceutical product known as coumadin from Frankfurt, West
Case #1 Victoria v Emery's Warehouse In February 1984, Lassen agreed to ship a cargo of a pharmaceutical product known as coumadin from Frankfurt, West Germany to New York. Lassen prepared a waybill designating Frankfurt as the place of departure, New York as the destination, and Victoria as the consignee. It then arranged for Halbart Air Consolidator System (Halbart) to transport the cargo to Amsterdam. Halbart consolidated the cargo of coumadin with other cargo and transported the consolidated cargo to Schiphol Airport in Amsterdam by truck. At Schiphol Airport, the cargo was turned over to Speed, B.V. Handling Services (Speed). Speed in turn contracted with Emery to ship the consolidated cargo to New York. An Emery waybill was prepared, designating Speed as the shipper and Fritz as the consignee. Emery booked the cargo on a February 25 flight from Amsterdam to New York. After the flight arrived at John F. Kennedy International Airport in New York on February 26, the consolidated cargo was unloaded and taken to Emery's warehouse facility located less than one-quarter mile outside of the airport. The various consignees of the consolidated cargo were notified of its arrival. On March 1, Victoria attempted to pick up the Coumadin shipment, but Emery could not locate it. The parties more or less agreed that the cargo was lost at Emery's warehouse. Victoria, as consignee of the Coumadin shipment, and Fritz, as consignee of the consolidated cargo, initiated this action in the court. Fritz subsequently transferred its interest in any recovery to Victoria. 1. What is the function and purpose of the Airway Bill in this scenario? 2. How can one determine the limits of the Airport for Cargo? 3. What is the Consignor's right of disposal, and consignee's right to delivery? 4. Air carrier's liability for loss, damage, or delay? 5. Is Emory Warehouse liable
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