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Admiralty Law Keyed to Maraist
United States v. Ocean Bulk Ships
Citation:
248 F.3d 331 (2001)Facts
Between 1994 and 1996, the United States, through its Commodity Credit Corporation and with the assistance of private relief organizations, shipped cargoes of foodstuffs including vegetable oil, corn, and bulgur wheat to famine-stricken areas of Africa. These shipments were made on behalf of the Agency for International Development aboard vessels owned by Ocean Bulk Ships, Inc. and Transbulk Carriers, Inc. The shipments were governed by COGSA through charter parties. Clean bills of lading were issued for each shipment, indicating the cargo was received in good condition. However, when the cargo was discharged at African ports including Mombasa, Kenya; Beira and Maputo, Mozambique; Freetown, Sierra Leone; and Tema, Ghana, significant portions were either missing or damaged. Survey reports documented torn and spilled bags, wetted and rotten cargo, and missing items. The total documented loss and damage amounted to $203,819.87. The carriers claimed they were not responsible for most of the damage, arguing it resulted from insufficient packaging or occurred after they relinquished control of the cargo.
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