Commercial Law, 2010 Bar — Question XIV-A

ESSAY

An importer of Christmas toys loaded 100 boxes of Santa Claus talking dolls aboard a ship in Korea bound for Manila. With the intention of smuggling one-half of his cargo, he took a bill of lading for only 50 boxes. On the voyage to Manila, 50 boxes were jettisoned to save the more precious cargo. Is the importer entitled to receive any indemnity for average? Explain.

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