Whether the defendants are liable for the full value of the damaged cargo under the Harter Act, given the alleged destruction of the original bill of lading and the creation of a forged bill of lading

QUESTIONS PRESENTED In June 2015,a cargo of personal belongings,in good condition are handed over to the agent Right Move 4 U(RM4U)under a contract signed in California,US between Madhu Sameer and Right Move 4 U for disassembly packaging at origin Fresno and removal of debris at destination agree that the goods will be insured for the replacement value of $350,000. The goods are insufficiently packaged at night into approx.500 boxes,and unprofessionally loaded into a 40 ft container(FIRST CONSIGNMENT)(App F,173181)and all precautions required for proper insurance are are accidentally left behind by RM4U.Sixteen of these are then picked up as SECOND CONSIGNMENT and the agent agrees to pay for freighting these to new Zealand. The agent also offers to pay for carriage of 8 items as checked baggage(THIRD CONSIGNMENT).The shipper is forced to destroy the rest. RM4U then insures the goods only for $115,000(instead of $350,000)with TALBOT Insurance,at second hand value!,and uses SHIPCO as the NVOCC to ship the goods to new Zealand.RM4U buys cheap cargo space that stores the cargo on deck without shipper’s consent thereby illegally reducing its cost at the shippers expense. The FIRST CONSIGNMENT, sails to New Zealand from a Californian Port.The ondeck cargo is significantly damaged.Agent RM4U converts the SECOND CONSIGNMENT, and refuses to pay for the carriage of THIRD CONSIGNMENT. When the FIRST CONSIGNMENT arrives in Christchurch,New Zealand,the local agent of RM4U,CRL tricks Madhu Sameer into signing the customs release,and uses the original BOL prepared in US by SHIPCO to secure delivery orders that are used to move the goods thru NZ Customs to its warehouse. CRL then finds that 33% of the shipment has been damaged,prepares a new ; inventory list and arbitrarily characterizes the damaged items as having been packed by the packed by owner are not covered by Insurance .CRL then conspired with insurance agent TALBOT and RM4U to have the insurance cancelled (AppF,p.177) CRL and RM4U then inform Madhu Sameer that they had “mistakenly” underquoted for the contract in US,and demand extra money in excess to the contracted price, also stating that they are not responsible for damages by RM4U(p.190). Given the conversion of the SECOND CONSIGNMENT,Madhu Sameer refuses to pay extra,and seeks mediation through Federal Marine Commission(F MC).CRL and RM4U inform FMC that they are agents of RM4U and will deliver the goods for $667 and will seek the balance from RM4U. However,once Madhu Sameer pays this amount,CRL demands $4051 more for delivery as per the contract.When this amount is paid,it demands $990 more. When this 1, consignment of goods being transported,is,by norm,and by agreement,always insured for its replacement value. aT amount is paid,it demands $1100 more.On each occasion,along with the additional payment,CRL demands that Madhu Sameer also sign a waiver of liabilities,remove all negative reviews it has given to the movers,and accept roadside delivery instead of delivery as per contract.Each of these is a precondition for delivery. ‘Madhu Sameer is denied access to the BOL(BOL).In the absence of BOL,and the terms and conditions outlined therein,Shipper Madhu Sameer sues CRL in New Zealand seeking release of goods.CRL argues that it was never an agent of RM4U,and had entered _ into a separate contract with Madhu Sameer prior to June 2015 while Madhu Sameer was still in US.CRL presents several forged documents, and makes false representations of facts, and laws to the New Zealand Courts to secure several Judgment against Madhu Sameer,which state that the domestic laws of movement of goods(Carriage of Goods Act)will apply to this international consignment, implying that multimodal transport operator can dissociate itself from the chain of operators, contracy to internation laws, US laws, and NZ laws. Shipper Madhu Sameer’s efforts to claim insurance are also sabotaged as the cartel conspires to cancel the insurance other victims