Fishman shipped a container of boys’ pants on a ship owned by Tropical. The container was lost at sea due to improper storage.

Fishman shipped a container of boys’ pants on a ship owned by Tropical. The container was lost at sea due to improper storage. The pants were packed into bundles of twelve each and placed into what was known in the industry as a “big pack”. A “big pack” is similar to a 4′ by 4′ pallet, partially enclosed in corrugated cardboard, with a base and cover made of plastic. The bill of lading stated, “1 by 40 ft. (container) STC (said to contain) 39 Big Pack Containing 27,908 units boy’s pants.” Fishman maintains that carrier 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? Why   

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