CARRIAGE OF GOODS

BY
SEA ACT

By
Capt.S.Kishore
 WHAT IS COGSA ?
o ACT TO MAKE HVRs APPLY TO

CARRIAGE OF GOODS

o STATES THE PROVISIONS OF HVRs

SHALL HAVE THE FORCE OF LAW

 WHAT IT SAYS ?
IT STATES HAGUE VISBY RULES

APPLIES TO ALL CARGOES

SHIPPED OUT OF A PORT IN

THE COUNTRY
o MANY NATIONS HAVE COGSA SIMILAR TO UK
COGSA

o THE PROVISIONS VARY FROM NATION TO

NATION

o UK COGSA APPLIES ONLY TO OUTWARD BoL’s

o US COGSA APPLIES TO INWARDS BoL’s AS WELL
 PURPOSE
TO ESTABLISH -

o RESPONSIBILITIES
o LIABILITIES
o RIGHTS +
o IMMUNITIES
ATTACHING TO CARRIERS UNDER

BILLS OF LADING.
 CARRIAGE OF
GOODS BY SEA
ACT

COGSA 1971 COGSA 1992

 COGSA 1971
o COGSA’71 APPLIES ONLY TO SEA-
BORNE TRADE OF THE CARGO
ALTHOUGH BoL MAY HAVE BEEN
ISSUED TO COVER A MULTI-MODAL
OPERATION.
o “WAREHOUSE to WAREHOUSE”
INSURANCE TO COVER OTHER LEGS
 CARRIERS OBLIGATION
CARRIER HAS CLEAR OBLIGATION TO
EXERCISE BEFORE AND AT THE BEGINNING
OF THE VOYAGE DUE DILIGENCE TO MAKE
THE SHIP SEA WORTHY,PROPERLY
MAN,EQUIP AND SUPPLY HER AND MAKE
HER HOLDS AND ALL OTHER PLACES WHERE
GOODS ARE CARRIED FIT + SAFE FOR
RECEPTION,CARRIAGE + PRESERVATION
 COGSA 1992
o APPLIES TO BoL’s ISSUED AFTER 16/SEP/1992
o DOES NOT REVOKE COGSA 71
o REPEALS THE BoL ACT 1855
o MAKES FUNDAMENTAL CHANGES TO THE LAW
REGARDING TITLE TO SUE

o DOES NOT AFFECT CARRIERS OBLIGATIONS +

IMMUNITIES
 INDIAN COGSA
 ACT PASSED IN SEP 1925
 CAME TO FORCE IN JAN 1926
 PRIOR TO INDIAN COGSA 1925 ENGLISH
COMMON LAW WAS USED
 ONLY OUTWARD VOYAGES ARE COVERED
 DOES NOT APPLY TO DECK CARGOES
 APPLIES TO CONTRACT OF CARRIAGE
COVERED BY A BoL