Monica Textile Corp. v. The Tana
United States Court of Appeals for the Second Circuit
952 F.2d 636, 1992 AMC 609 (1991)
- Written by Carolyn Strutton, JD
Facts
Monica Textile Corporation (plaintiff) contracted with the owners of the Tana (the carrier) (defendant), a container ship, to transport Monica Textile’s goods in a single 20-foot shipping container from Africa to the United States. The contents of the container, 76 bales of cotton fabrics, were noted on the bill of lading. The bill of lading also contained standard language that purported to identify the container itself as the designated shipping package and to thereby limit the carrier’s liability to $500 for the entire container. During the voyage, the fabrics were damaged. Monica Textile sued the carrier for the loss of the goods. The carrier conceded liability for the loss. The district court ruled for Monica Textile but upheld the carrier’s claimed liability limit, awarding Monica Textile only $500 in damages. Monica Textile appealed.
Rule of Law
Issue
Holding and Reasoning (McLaughlin, J.)
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