HK Shipper loaded 10 tons of construction steel bars on board of the vessel in Hong Kong. The steel bars will send to the U.S. The BL wrote “in apparent good order and condition, 10 tons of construction steel bars”

On July 2017, the U.S. Consignee discovered all the steel bars were rusted during the ocean transportation, and he immediately told the Ocean Carrier about the damaged condition. He then transported the steel bars to the warehouse. Then the U.S. consignee sent a written notice about the loss to the Ocean Carrier within 3 days.

The U.S. consignee filed the lawsuit in the U.S. on May 2018, and he eventually lost the case in the U.S.

On December 2018, U.S. Consignee filed a lawsuit in Hong Kong.

Question 9 

Ocean Carrier asserted in court that all the steel bars were rusted when received. Comment whether this is a strong argument.

Question 10 

If U.S. Consignee used solely the BL to prove that “10 tons” of steel bars were put on board of the ship. Comment whether this is a strong proof.

Question 11 

Once U.S Consignee discovered the defective cargo, he immediately told the Ocean Carrier about the damaged condition. He then transported the steel bars to the warehouse. Then, he sent a written notice about the loss to the Ocean Carrier within 3 days. If you were a manager working for U.S. Consignee, explain whether you would do the above action.

Question 12 

Explain whether U.S. Consignee could file a lawsuit in Hong Kong on December 2018.