Fishman shipped a container of boysâ?? pants on a shipowned by Tropical. The container was lost at s

Fishman shipped a container of boys’ pants on a shipowned by Tropical. The container was lost at sea due toimproper storage. The pants were packed into bundles of 12 each and placed into what is known in the industry as a “big pack.” A “big pack” is similar to a 4’ × 4’ pallet, partially enclosed in corrugated cardboard, with a base and cover made of plastic. The bill of lading stated, “1 × 40 ft. [container] STC [said to contain] 39 Big Pack Containing 27,908 units boy’s pants.” Fishman maintains that Tropical is liable for an amount up to $500 for each of the 2,325 bundles. If the carrier is liable for up to $500 per “package,” what is the limit of the carrier’s liability? Fishman & Tobin, Inc. v. Tropical Shipping & Const. Co., Ltd., 240 F.3d 956 (11th Cir. 2001).

 

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