Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its duties under the contract of carriage. Despite the frequency with which these issues have been litigated, significant disagreement remains among the circuit courts as to their proper resolution. This article will examine the current state of judicial uncertainty in these areas and the indications given by the courts as the positions most likely to be adopted in the future.
Chester D. Hooper and Keith L. Flicker,
Admiralty Litigation In Perpetuum: The Continuing Saga of Package Litigation and Third World Delivery Problems,
6 Fordham Int'l L.J. 1
Available at: http://ir.lawnet.fordham.edu/ilj/vol6/iss1/1