In Mitsui & Co. v. American Export Lines, Inc., the Court of Appeals for the Second Circuit rejected the "functional economics" test which it had developed in an earlier case as a standard for interpreting section 4(5) of the Carriage of Goods by Sea Act (COGSA). Part One of this Recent Development will discuss the historical development of the problem of carrier liability. Part Two will examine the case law as it has evolved in the Second Circuit since the late 1960's. Part Three will then analyze the Mitsui decision and the impact it has had on the law in this area.
Admiralty– The Package Doctrine of COGSA § 4(5)– Second Circuit Abandons the "Functional Economics" Test,
4 Fordham Int'l L.J. 409
Available at: http://ir.lawnet.fordham.edu/ilj/vol4/iss2/6