ABSTRACT
Carriage of goods by sea is a risky business. This risky business has been performed over centuries, during which the law has developed to give more precise answers to the questions of risk allocation between the commercial parties involved. In its new edition, Carver suggests that the party suffering loss must in general have “either the legal ownership of or a possessory title to the property concerned at the time when the loss or damage occurred or when the cause of action in respect of it accrued”. Carver further suggests that a person to whom the goods have been appropriated under a sale contract has sufficient interest or right for the operation of section 2(4)(a) of COGSA 1992. The case law on this matter can be criticised on the grounds that it attaches too much significance to possession and ownership, both of which have been quite problematic concepts to deal with under English law.
