In J. Gerber & Co. v. SS Sabine Howaldt , a lawsuit brought by the owner of cargo (steel products) against an ocean carrier for damage to the cargo caused by sea water and moisture, the court ruled that:
A) the turbulent seas and high winds were not sufficiently severe to constitute a "peril of the sea" under COGSA.
B) the carrier was liable because the vessel was not seaworthy when it left port.
C) the carrier was liable because it had not used usual good seamanship in handling the vessel.
D) the carrier was not liable because it proved that the damage was caused by a peril of the sea.
E) none of the above.
Correct Answer:
Verified
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