Sorkin on Goods in Transit

Publisher: Matthew Bender
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Sorkin on Goods in Transit is a 7-volume treatise analyzing how to recover or avoid liability for lost, damaged or delayed goods shipped by air, sea, rail or truck anywhere in the world. It also contains practical coverage of the rights, obligations and remedies for losses, damages and delays.

Sorkin on Goods in Transit covers: description of the transportation industry worldwide, bills of lading, connecting carriage and geographic scope, intermodal transportation, termination of common carrier liability, carrier litigation, insurance contracts, marine insurance, inland marine insurance, liability insurance financial responsibility laws, written notice of claim, liability of brokers and third-party intermediaries, negotiation of settlement, jurisdiction and venue, limitation and damages for delay, limitation of damages and liability, indemnity actions, freight, rates, demurrage, lien of carriers upon cargo, C.O.D. shipments, and actions and proceedings involving charges and overcharges.

Also included is an appendix of forms. The full text of relevant statutes, regulations, and international treaties are reprinted in Goods in Transit: Selected Regulations, Statutes, and Treaties, republished annually. Some of the relevant primary source reprinted in these portable softcover volumes includes:

• ICC Termination Act of 1995
• Ocean Shipping Reform Act of 1998
• Homeland Security Act of 2002
• Terrorism Risk Insurance Act of 2002
• Shipping Act of 1984
• The Harter Act
• Household Goods Transportation Act of 1980
• Motor Carrier Act of 1980
• Staggers Rail Act of 1980
• Hague Protocol to Warsaw Convention
• Montreal Protocol No. 4
• Hamburg Rules
• Visby Rules
• Vienna Convention
• United Nations Convention on International Multimodal Transport of Goods
• York-Antwerp Rules 1994

First published in 1976. 7 looseleaf volumes of analytical material; 2 bound softcover volumes of primary source material; updated with revisions.

Table of Contents

Part I General Transit Issues 
Chapter 1 Description of Industry
Chapter 2 Transportation Documents—Bills of Lading, Contracts, Air Waybills, Charter Parties, Sea Waybills, Documentary Credits and Related Documents
Chapter 3 Connecting Carriage, Geographic Scope and Multimodal Transportation
Chapter 4 Termination of Common Carrier Liability
Chapter 5 Carrier Litigation
Chapter 6 Carrier Contracts
Chapter 7 Written Notice of Claim—Notice of Loss, Damage or Delay
Chapter 8 Negotiation of Settlement
Chapter 9 Jurisdiction and Venue
Chapter 10 Limitation of Actions
Chapter 11 Damages
Chapter 12 Liability and Damages for Delay
Chapter 13 Limitation of Damages and Liability
Chapter 14 Indemnity, Contribution, Third Parties, and Actions Against Noncarriers
Chapter 15 Homeland Security, Transportation Security, Cargo and Baggage Security
Chapter 16 Maritime Transportation Security Act of 2002
Chapters 17–19 [Reserved]
Chapter 20 Freight
Chapter 21 Rates
Chapter 22 Freight Charge Liability
Chapter 23 Carriers by Water
Chapter 24 Factors Affecting or Limiting Freight Charges
Chapter 25 Demurrage and Detention Charges
Chapter 26 Lien of Carrier Upon Cargo
Chapter 27 C.O.D. Shipments
Chapter 28 Charges for Other Services
Chapter 29 Interline Freight Agreements
Chapter 30 [Reserved]
Chapter 31 Actions and Proceedings Involving Charges and Overcharges
Chapter 32 Penalties
Chapters 33–39 [Reserved]

Part II Transportation Insurance
Chapter 40 Insurance
Chapter 41 Insurance Contracts
Chapter 42 Marine Insurance
Chapter 43 Inland Marine Insurance
Chapter 44 Liability Insurance—Financial Responsibility Laws
Chapter 45 Motor Carrier Liability Insurance—Liability Arising Out of Leased Equipment
Chapter 46 Liability Insurance
Chapter 47 Who Is Insured Under a Liability Policy
Chapter 48 Who Pays—Extent and Transfer of Risk
Chapter 49 Rights and Duties of Parties to an Insurance Contract
Chapter 50 Aviation Insurance
Chapter 51 The Controlling Law
Chapter 52 Notice to Insurers and Proof of Loss Clauses
Chapter 53 Disclaimer, Reservation of Rights and Non-Waiver Agreements
Chapter 54 Litigation Involving Insurers
Chapter 55 Limitation of Time to Sue
Chapter 56 Interpretation of Insurance Contracts

Part III Appendix of Forms
Form 1 Defense of Tariff Limitation by Motor Carrier in Third Party Action by Freight Forwarder
Form 2 Carrier Limitation of Damages Defense; Allegation of Released Rate Clause
Form 3 Affirmative Defense; Shipper’s Failure to Mitigate Damages
Form 4 Affirmative Defense of Act of Government or Public Authority
Form 5 Affirmative Defense of Public Enemy
Form 6 Affirmative Defense of Inherent Vice
Form 7 Affirmative Defense of Act of God
Form 8 Special Cargo Policy
Form 9 Dock Receipt
Form 10 Delivery Instructions
Form 11 Certificate of Origin
Form 12 Shipper’s Letter of Instruction
Form 13 Complaint in Action Against Motor Carrier for Damages Caused by Delay in Delivery
Form 14 Answer of Motor Carrier to Complaint for Damages Caused by Delay in Delivery
Form 15 Third Party Complaint by Motor Carrier for Indemnity Against Another Motor Carrier
Form 16 Affirmative Defense of Carrier to Indemnity Cause of Action
Form 17 Notice of Exportation of Articles With Benefit of Drawback
Form 18 Shipper’s Export Declaration
Form 19 Commercial Invoice
Form 20 Pro Forma Invoice
Form 21 Carrier’s Certificate and Release Order
Form 22 Complaint in Action Against Carrier for Failure to Stop Goods in Transit
Form 23 Notice to Stop Transit
Form 24 Complaint in Action on Negotiable Bill of Lading Against Motor Carrier for Conversion of Goods by Wrongful Delivery
Form 25 Standard Form for Presentation of Loss and Damage Claim; American Trucking Associations
Form 26 [Reserved]
Form 27 Standard Form of Indemnity Agreement When Claimant Cannot Deliver Original Bill of Lading or Freight Bill
Form 28 Standard Form of Claim Acknowledgement Card
Form 29 Special Customs Invoice
Form 30 Notice of Refused or On Hand Freight
Form 31 Complaint in Action by Carrier for Interpleader Where Goods Covered by Bill of Lading Are Claimed by Multiple Parties
Form 32 Affirmative Defense; Act or Fault of Shipper
Form 33 Shipper’s Letter of Instruction
Form 34 Air Consignment Note; Air Waybill Number
Form 35 Straight Bill of Lading; Short Form
Form 36 Uniform Through Export Bill of Lading; Order Bill
Form 37 Uniform Through Export Bill of Lading; Straight Bill
Form 38 Uniform Order Bill of Lading
Form 39 [Reserved]
Form 40 U.S. Standard Master for International Trade: Bill of Lading
Form 41 U.S. Standard Master for International Trade: Bill of Lading: Explanation of Data
Form 42 Shipper-Provided Short Form Bill of Lading
Form 43 Stipulation of Settlement and Dismissal
Form 44 Counterclaim of Non-Delivery in Carrier’s Action for Freight Charges
Form 45 Complaint Against Carrier by Sea for Negligence as Bailee After Discharge From Ship (In Personam)
Form 46 Complaint in Action for Declaratory Judgment by Carrier Against Insurer
Form 47 Affirmative Defenses by Carriers Subject to ICC Termination Act of 1995 Based Upon Failure of Claimant to File a Notice of Claim
Form 48 Affirmative Defenses by Carriers Subject to ICC Termination Act of 1995 Based Upon Failure of Claimant to File Timely Notice of Claim
Form 49 Affirmative Defenses by COGSA Carrier Based Upon Failure of Claimant to File the Proper Notice of Claim
Form 50 Affirmative Defenses by Air Carrier Based Upon Failure to Give Notice or Timely Notice
Form 51 Uniform Airbill—Non-Negotiable
Form 52 Non-Negotiable Air Waybill (Air Consignment Note)
Form 53 Freight Inspection and Claim
Form 54 Form OP-1—Application for Motor Property Carrier and Broker Authority
Form 55 Form OP-1(FF)—Application for Freight Forwarder Authority
Form 56 Form OP-1(P)—Application for Motor Passenger Carrier and Broker Authority
Form 57 Form of Motor Carrier Exempt Contract
Form 58 [Reserved]
Form 59 Form OP-2—Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers
Form 60 Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders
Form 61 Form OP-1(MX), Application to Register Mexican Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border
Form 62 Lloyd’s Standard Form of Salvage
Form 63 Form B.M.C. 32—Endorsement for Motor Common Carrier Policies of Insurance for Cargo Liability
Form 64 Form B.M.C. 34—Motor Carrier Cargo Liability Certificate of Insurance
Form 65 Form B.M.C. 35—Notice of Cancellation—Motor Carrier Insurance
Form 66 Form B.M.C. 36—Notice of Cancellation—Motor Carrier and Broker’s Surety Bonds
Form 67 [Reserved]
Form 68 Form B.M.C. 82—Motor Carrier Bodily Injury Liability and Property Damage Liability Surety Bond
Form 69 Form B.M.C. 83—Motor Common Carrier Cargo Liability Surety Bond
Form 70 [Reserved]
Form 71 Form B.M.C. 85—Property Broker’s Trust Fund Agreement or Notice of Cancellation of the Agreement
Form 72 Form B.M.C. 90—Endorsement for Motor Carrier Policies of Insurance for Automobile Bodily Injury and Property Damage Liability
Form 73 [Reserved]
Form 74 Form B.M.C. 91X—Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance
Form 75 Form E—Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance
Form 76 Form F—Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement
Form 77 Form G—Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond
Form 78 Form H—Uniform Motor Carrier Cargo Certificate of Insurance
Form 79 Form I—Uniform Motor Carrier Cargo Insurance Endorsement
Form 80 Form J—Uniform Motor Carrier Cargo Surety Bond
Form 81 Form K—Uniform Notice of Cancellation of Motor Carrier Insurance Policies
Form 82 Form L—Uniform Notice of Cancellation of Motor Carrier Surety Bonds
Form 83 Form FMC-18—Application for a License as an Ocean Transportation Intermediary
Form 84 Form FMC-48—Ocean Transportation Intermediary (OTI) Bond
Form 85 Form FMC-48A—Optional Rider for Additional NVOCC Financial Responsibility
Form 86 Form FMC-67—Ocean Transportation Intermediary (OTI) Insurance Form
Form 87 Form FMC-68—Ocean Transportation Intermediary (OTI) Guaranty Form
Form 88 Form FMC-69—Ocean Transportation Intermediary (OTI) Group Bond
Form 89 Form FMC-69A—Optional Rider for Additional NVOCC Financial Responsibility for Group Bonds
Form 90 Form FMC-78—NVOCC Service Arrangement Registration
Form 91 Loan Receipt—Check Endorsement Form
Form 92 Plan for Voluntary Arbitration of Freight Loss and Damage Claim Disputes Between Rail Carriers and Claimants
Form 93 Program Rules, Procedures, and Sample Forms of the American Moving and Storage Association Household Goods Dispute Settlement Program