Suppose a shipper booked space to move an intermodal container on a vessel operated by a liner carrier on a scheduled voyage between Penang, Malaysia, and Charleston, South Carolina.During the night after the container was loaded on the vessel, without the knowledge of the carrier, pirates boarded the vessel in the Straits of Malacca and stole the goods out of the container.

The carrier'sbill of lading containing the following exculpatory language:

The Carrier shall be relieved of liability for any loss or damage caused by:

...any cause or event which the Carrier could not avoid and the consequences whereof it could not prevent by the exercise of due diligence...

For the purpose of this question also assumeCOGSA applies to the shipment (including its list of excepted perils). Recall that the COGSA list of excepted perils includes the following:

1. Act, neglect, or default of the master...or servants of the carrier in the navigation or management of the ship;
2. Fire, unless caused by the actual fault of or privity of the carrier;
3. Perils, dangers, accidents of the sea or other navigable water;
4. Act of God;
5. Act of war;
6. Act of public enemies;
7. Arrest or restraint of princes, rules, or people, or seizure under legal process;
8. Quarantine restrictions;
9. Act or omission of the shipper or owner of the goods...
10. Strikes or lockouts or stoppage or restrain of labor from whatever cause...
11. Riots and civil commotions;
12. Saving or attempting to save life or property at sea;
13. Wastage in bulk or weight...arising from inherent defect ...or vice of the goods;
14. Insufficiency of packing;
15. Insufficiency or inadequacy of marks;
16. Latent defects not discoverable by due diligence.
17. Any other cause arising without the actual fault and privity of the carrier...

Using the fact pattern,answer bothA and B in a few short sentences per question.

A. From the carrier's perspective, what is the best argument that the carrier is not responsible for the loss?

B.From the shipper's perspective, what is the best argument that the carrier isresponsible for the loss?