Daewoo International (America) Corp v Sea-Land Orient Ltd and Ors - US Court of Appeals (3rd Circuit)(Scirica, Roth & McKay Ct JJ) - 19 November 1999

Consignee receiving sealed containers containing cement bricks rather than the plastic videocassette casings it had purchased - Bills of lading specifying weight of cargo in sealed containers - Consignee suing common carriers - Whether consignee established prima facie case that cargo was delivered to carriers in good condition

Daewoo purchased a million plastic videocassette tape holders from Hang Fung Technology Manufacturing Co of Hong Kong. Hang Fung agreed to ship them to Daewoo in the US. In return, Daewoo arranged for Korea Exchange Bank to issue letters of credit in favour of Hang Fung. The letters of credit described the tape holders, listed quantity and price, and indicated that the shipment was to be ‘FOB: Hong Kong’. Hang Fung loaded and sealed 14 ocean containers which it delivered to the two defendants, who were non-vessel owning common carriers.