The Harter Act, enacted in 1893, aimed to regulate the liability of shipping companies for cargo damage or loss during ocean transportation. It specifically applied to cargo shipped under bills of lading and was the pioneering legislation in determining responsibility for shipping losses. However, the Carriage of Goods by Sea Act has now largely superseded the Harter Act.
The Harter Act, passed in 1893, is a federal law that regulates the liability of carriers for the loss or damage of ocean cargo shipped under bills of lading. This law is still in effect today and applies to maritime transportation. According to the Harter Act, carriers are responsible for ensuring the safe transportation of cargo and must take reasonable measures to ensure its arrival in good condition. If the cargo is lost or damaged during transit, the carrier may be held accountable for the value of the cargo. For instance, if a shipping company agrees to transport electronics from China to the United States and the cargo is damaged during transit, the carrier may be liable for the cost of the damaged goods under the Harter Act. The Harter Act was the initial effort to allocate the risk of loss in ocean transportation between carriers and cargo interests. It has since been largely replaced by the Carriage of Goods by Sea Act, which serves as a model in practice.
The Harter Act is a federal law enacted in 1893 that governs the liability of shipowners for damage or loss to cargo during international voyages.
The Harter Act applies to shipowners and carriers engaged in international maritime trade.
The Harter Act covers the liability of shipowners for damage or loss to cargo caused by negligence or unseaworthiness of the vessel.
Yes, the Harter Act limits the liability of shipowners to a specified amount per package or unit of cargo, unless the shipowner can prove that the damage or loss was caused by an act or omission of the shipper.
Shipowners can avoid liability under the Harter Act if they can prove that the damage or loss was caused by an act or omission of the shipper, or if the shipper has agreed to a higher limit of liability.
Yes, shipowners can be held liable for damage or loss to cargo under the Harter Act even if they were not negligent, as long as the damage or loss was caused by unseaworthiness of the vessel.
Yes, shipowners can limit their liability under the Harter Act by including a valid and enforceable limitation of liability clause in the contract of carriage.
Yes, shippers can challenge the validity of a limitation of liability clause under the Harter Act if they can prove that the clause was unreasonable or unconscionable.
No, the Harter Act does not cover liability for delay in delivery of cargo. It only covers liability for damage or loss to cargo.
No, the Harter Act only applies to international voyages. For domestic voyages, other laws and regulations may apply to govern the liability of shipowners for damage or loss to cargo.
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This glossary post was last updated: 17th April 2024.
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