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Admiralty Law Keyed to Maraist
Plastique Tags v. Asia Trans Line
Citation:
83 F.3d 1367 (1996)Facts
In October 1992, Asia Trans Line contracted to transport one sealed container from Inter-Korea Corporation in Korea to Plastique Tags in New York. Inter-Korea represented that the container held 4,437,500 plastic bags. Asia Trans issued a bill of lading for the cargo with the notation “shipper’s load count” and stating “said to contain: 5,600 boxes/4,437,500 plastic bags.” Asia Trans then contracted with DSR Senator Lines to ship the container aboard the M/V Cho Yang World, and Senator issued another bill of lading with identical material terms. The container was delivered to New York with its seal intact and transported to Gift Box Corporation, Plastique’s client. When Gift Box broke the seal and inventoried the container, they discovered 2,618,500 bags missing. Gift Box refused to pay Plastique for the shipment, and approximately one year later, Plastique sent notice of the missing bags to an agent of Cho Yang. Plastique subsequently sued the carriers but not Inter-Korea (the shipper).
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