Railroad Legal Issues and Resources (2015) / Chapter Skim
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Pages 21-24
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From page 21... ...
21 B General Statutory Issues 238 The digest discusses the statutory issues and differences among the various Buy America provisions, including their coverage and applicability; exceptions, exclusions, and waivers; and bid certification and potential penalties, as well as multiple funding sources with Buy America provisions.75 C
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From page 22... ...
22 Statutes and Regulations 242 B The Carmack Amendment's Effect on the Liability of 242 Railroad Carriers The Carmack Amendment, enacted in 1906 to amend the Interstate Commerce Act,80 imposes strict liability on common carriers for goods that are lost or damaged or not delivered on time, limits the liability of a carrier to the value of the damaged goods, and preempts state and common law claims in these instances.81 Cases 245 C
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From page 23... ...
23 Statutes and Regulations 248 D Applicability of the Carriage of Goods by Sea Act and the 248 Harter Act The Carmack Amendment may not apply when shipments originate overseas under a single through bill of lading or the shipper and carrier contract to limit the liability of intermediary carriers and freight forwarders.
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From page 24... ...
24 precluded liability of the ocean carrier's subcontractor Union Pacific to the property insurer Federal Insurance Company after a Union Pacific train derailed and destroyed the property. Articles 254 H
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