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PRESCRIPTIVE PERIODS:
1. if loss or damage is apparent or external, notice in writing must be given to carrier or agent at time of removal of goods by persons entitled to delivery.
2. if loss or damage is not apparent, within 3 days of delivery.
a. if no notice is given, there is prima facie evidence of delivery of goods as described in the bill of lading.
b. notice is not needed if goods jointly surveyed or inspected at time of their receipt.
c. whether notice of loss/ damage is given or not, suit must be filed within 1 year after delivery or when goods should have been delivered; otherwise PRESCRIBED.
d. if misdelivery, prescriptive period for suit is 10 years for breach of written contract or 4 years for quasi-delict.
NOTE: Only the carrier’s liability is extinguished if no suit is filed within 1 year by shipper, consignee, or
insurer. The prescriptive period does not apply to suits by insured against insurer.
When the one-year period in the COGSA is interrupted:
1. When an action is filed in court;
2. When there’s a contrary agreement between the parties.
1. if loss or damage is apparent or external, notice in writing must be given to carrier or agent at time of removal of goods by persons entitled to delivery.
2. if loss or damage is not apparent, within 3 days of delivery.
a. if no notice is given, there is prima facie evidence of delivery of goods as described in the bill of lading.
b. notice is not needed if goods jointly surveyed or inspected at time of their receipt.
c. whether notice of loss/ damage is given or not, suit must be filed within 1 year after delivery or when goods should have been delivered; otherwise PRESCRIBED.
d. if misdelivery, prescriptive period for suit is 10 years for breach of written contract or 4 years for quasi-delict.
NOTE: Only the carrier’s liability is extinguished if no suit is filed within 1 year by shipper, consignee, or
insurer. The prescriptive period does not apply to suits by insured against insurer.
When the one-year period in the COGSA is interrupted:
1. When an action is filed in court;
2. When there’s a contrary agreement between the parties.
